United States v. Chester Fuller and Maxine Fuller (939.62 Acres of Land, More or Less, Situatedin Yuma and Mohave Counties, State of Arizona)

This is an appeal in a condemnation action from judgment entered on a jury verdict fixing $350,000 as just compensation for the taking of two tracts totalling 920 acres. This court has jurisdiction under 28 U.S.C. § 1291 . On appeal by the United States, we affirm.

The land taken was used by the landowners, Mr. and Mrs. Fuller, as part of a 44,768-acre ranch operation composed of:

fee land 1,280 acres

state leased land 12,027 acres

federal domain leased under the Taylor Grazing Act (43

U.S.C. § 315b) 31,461 acres

TOTAL 44,768 acres

In 1967 the United States instituted a proceeding in eminent domain to acquire title to two parcels of the Fullers’ fee land, totaling 920 acres. At no time prior to or during the pendency of the condemnation action were the Fullers’ exclusive, revocable grazing permits on the public lands revoked, nor were such lands included in the condemnation action.

It was the government’s theory that in determining the fair market value of the base fee lands taken, no consideration should be given to the use to which such lands might be put in conjunction with adjacent public domain lands covered by federal grazing permits. Fuller contended, on the other…

(dissenting) :

I believe that United States v. Rands, 389 U.S. 121 , 88 S.Ct. 265 , 19 L.Ed.2d 329 (1967), controls on the federal lands and that the judgment of the lower court should be reversed.

442 F.2d 504 UNITED STATES of America, Plaintiff-Appellant, v. Chester FULLER and Maxine Fuller (939.62 acres of land, more or less, situatedin Yuma and Mohave Counties, State of Arizona), Defendants-Appellees. No. 23932. United States Court of Appeals, Ninth Circuit. April 29, 1971, Rehearing Denied June 23, 1971. Edmund B. Clark (argued), Dept. of Justice, Washington, D.C., Richard Burke, U.S. Atty., Richard S. Alleman, Asst. U.S. Atty., Shiro Kashiwa, Asst. Atty. Gen., Phoenix, Ariz., for plaintiff-appellant. Frank Burch (argued), of Kramer, Roche, Burch, Streich & Cracchiolo, Phoenix, Ariz., for defendants-appellees. Before ELY, WRIGHT and KILKENNY, Circuit Judges. EUGENE A. WRIGHT, Circuit Judge: 1 This is an appeal in a condemnation action from judgment entered on a jury verdict fixing $350,000 as just compensation for the taking of two tracts totalling 920 acres. This court has jurisdiction under 28 U.S.C. 1291. On appeal by the United States, we affirm. 2 The land taken was used by the landowners, Mr. and Mrs. Fuller, as part of a 44,768-acre ranch operation composed of: 3 In 1967 the United States instituted a proceeding in eminent domain to acquire title to two…