United States v. Chun Chin

On September 5, 1940, suit was commenced in the court below to condemn several tracts of land for public use in connection with the naval base at Pearl Harbor. The lands described in the petition included an area designated as Parcel D. Contemporaneously a declaration of taking was filed and judgment thereon was entered. In the declaration the Territory of Hawaii was listed as the owner of Parcel D, and the amount estimated to be just compensation for its ownership was deposited in the *1017 registry of the court. The estate taken was the fee simple absolute.

On January 24, 1941, the Territory filed an answer in which it was stated that Parcel D is part of the government land; that the fee became vested in the United States by virtue of the joint resolution of annexation of July 7, 1898, 30 Stat. 750 ; and that under § 91 of the Organic Act, 48 U.S.C.A. § 511 , the land had been placed in the possession, use, and control of the Territory to be managed and cared for until otherwise provided by Congress or taken for the purposes and uses of the United States by direction of the President or the Governor of Hawaii. The answer further alleged that no other provision had been made by…