McCandless

McCandless v. United States

Good Law
74 F.2d 596·1935 U.S. App. LEXIS 3478
United States Court of Appeals for the Ninth CircuitJanuary 7, 1935No. 6961California4,284 words

Opinion

Lead Opinion

Norcross, J.

A petition in condemnation was filed in the District Court for the District of Hawaii by the United States as petitioner against Lincoln L. McCandless and others, defendants, to acquire title to and possession of 4,080 acres of land in the Island of Oahu, Territory of Hawaii, for a naval ammunition depot, and for other public purposes and uses. The case was tried with a jury and verdict rendered fixing the value of the land at $206,563.51 and the value of the improvements at $14,000. A motion for a new trial was denied and judgment entered in accordance with the verdict. From the judgment and order denying said motion Mc-Candless and wife appeal.

The land is situated in Lualualei Valley approximately 35 miles from Honolulu. The land of Oahu is 46 miles in length and 25 miles in width and is, roughly, divided by two approximately parallel ridges, Koolau Range, extending in length approximately 37 miles along the northeast or windward side of the Island, and the Waianae Range, extending about 18 miles along the southwest side of the Island. Lualualei Valley is the broadest coastal valley on Oahu, is rectangular in shape, and bounded on the eastern end by the Waianae Range, on the…

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