Brett

I concur in the result.

The United States brought this condemnation proceeding under the Acts of August; 1, 1888, c. 728, 25 Stat. 357 (40 U. S.C.A. §§ 257, 258); February 26, 1931, c. *309 307, 46 Stat. 1421 (40 U.S.C.A. §§ 258a-258e); and June 16, 1933, c. 90, § 203 (a), 48 Stat. 202 , 40 U.S.C.A. §'403 (a), to determine the amount of compensation which should be paid for certain lands of appellants, which were taken for public use in the construction of Grand Coulee Dam in the Columbia river, in the Eastern District of Washington. There was a jury trial, resulting in a verdict and judgment awarding $3,500 to appellant Brett and $80 to appellants Schreckengast. These awards appellants deem inadequate. Hence this appeal.

There are 16 assignments of error. Assignments 1 to 11, inclusive, are to the exclusion of testimony regarding the value of the condemned lands. The excluded testimony related to the value of the lands prior to the time they were ’ taken by the Government. It should have been limited to their value at the time of taking. Olson v. United States, 292 U.S. 246, 255 , 54 S.Ct. 704 , 78 L.Ed. 1236 . Not being so limited, the testimony was properly excluded.

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Defendants in a condemnation proceeding have appealed from a judgment in their favor.

In July, 1933, the government allocated $63,000 for the construction of Grand Coulee Dam in the Columbia river in the state of Washington. The purposes, in constructing the dam as set forth in the act, are to improve navigation, for power development and for irrigation. The entire dam will cost $175,000,000 and the foundations of the dam will cost $60,000,-000. The first construction work was done in January, 1934. The specifications for the structure were distributed among the contractors in May, 1934, bids for the construction were first submitted in July, 1934, and the contract awarded thereafter. The contract provides that the gravel to be used is to be taken from a gravel pit located on land, which at the time of this proceeding was owned by defendant Brett, except for 2.82 acres which were owned by defendant Schreckengast. The amount' of land taken by appellee is approximately 235 acres, and is a part only of Brett’s holdings.

On April 19, 1935, the complaint herein was filed, and on the same day an order was entered providing “that the United States * * * have immediate possession of…