United States v. 2.61 Acres of Land, More or Less, Situated in the County of Mariposa, State of California Wawona Village, a California Corporation

Appellant Wawona Village, a corporate landowner, appeals from a judgment entered by the district court which determined the amount of just compensation for the taking by eminent domain, of certain real property it owned. Because we find the district court abused its discretion by denying appellant’s request for a continuance of the trial to allow time for appellant to revive itself through payment-of back taxes to the State Franchise Tax Board of California, we reverse and remand. .

The United States filed a condemnation by declaration of taking in 1977 against 2.61 acres of land in Mariposa County, California, owned by Wawona Village (“Wawona”), a California corporation. The government sought to acquire this land, located irt Yosemite National Park, because the proposed development by Wawona.was incompatible with public land use policies ánd because a faulty sewage disposal system created serious environmental problems. The government deposited $82,000, the estimated fair market value of the land, irt the Registry of the District Court on December 13, 1977. On January 18, 1980, the government increased the amount to $118,450 to reflect a subsequent government appraisal.

Prior…