United States v. H. R. Johnson and John B. Johnson

The question presented here is whether the compensation fixed in an earlier condemnation action for a taking of use and occupancy of land for a term of years is res judicata in a subsequent condemnation proceeding for another term of years involving the same parties and the same land. We hold it is not.

The land in question is owned by ap-pellees. In 1953, the government brought an action condemning the land for a term of years beginning July 1, 1953. The term was to continue through June 30, 1954, and be extendible for subsequent yearly periods through June 30, 1960. In July 1958, a jury verdict fixed compensation for this term taking at $2,700 per year, and the owners were awarded an additional $18,000 for restoration costs covering the buildings and equipment destroyed.

In 1960 the government brought a second action to condemn the same property for a term running from July 1, 1960 through June 30, 1965. The parties executed a consent judgment fixing the annual rental for the property at $2,700 per year.

On June 30, 1965, the government commenced the present action to condemn the same property for a third term taking from July 1, 1965 until June 30, 1970. Appellees contend…