United States v. Eastman

714 F.2d 76 UNITED STATES of America, Plaintiff-Appellant, v. Thomas W. EASTMAN and Thelma M. Eastman, husband and wife: Jackson County, a municipal corporation and political subdivision of the State of Oregon; and 225.34 Acres of Land, More or Less, Situated in Jackson County, State of Oregon, Defendants-Appellees. No. 82-3450. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 9, 1983. Decided Aug. 22, 1983. William A. Mansfield, Medford, Or., for defendants-appellees. Jacques B. Gelin, Robert L. Klarquist, Dept. of Justice, Washington, D.C., for plaintiff-appellant. Appeal from the United States District Court for the District of Oregon. Before PECK, * FLETCHER and PREGERSON, Circuit Judges. PER CURIAM: 1 This is an appeal from a judgment of the district court, 528 F.Supp. 1184 , awarding Thomas and Thelma Eastman (Eastmans) $161,125 in compensation for real property condemned in a dam construction project. The government asserts that the district court erred in including in the condemnation award $16,000 attributable to the increase in the value of the land from the date of initiation of the project to date of condemnation by reason of the proximity of the…