United States v. 80.5 Acres of Land, More or Less, in the County of Shasta, State of California, Walter W. McGuire

In this condemnation proceeding the United States appeals from the district court’s order granting the landowners’ motion for summary judgment and dismissing the Government’s complaint. Jurisdiction exists in this court pursuant to 28 U.S.C. § 1291 .

The facts are as follows. During the Eisenhower Administration, the Department of Interior prepared plans for the Trinity River Project. This project, at that time, did not include appellees’ land, a tract of 80.5 acres located in Jackson County, California. Because of the Government’s representations (statements and maps excluded this area) appellees acquired the land and made improvements thereon. Meanwhile, the Department of Interior under the Kennedy Administration pursued reevaluation in light of the pressing demands upon existing area and determined that the land was needed.

The United States, appellant herein, on April 13, 1964, filed its complaint and declaration of taking to condemn the 80.5 acre tract. This proceeding was initiated pursuant to Section 3 of the Trinity River Project Act of 1955, 69 Stat. 720 . The Trinity River Project Act of 1955 covered construction of the Trinity River Division of the Central Valley Dam…