California v. United States

This is an appeal from the judgment of the District Court in a valuation proceeding to determine the amount to be awarded ap-pellee, Hutchinson. He was the owner of a certain small parcel of land, which was part of a larger tract held by many owners and previously acquired by appellee, United States, by condemnation. In April, 1942, appellee, United States of America, instituted this condemnation proceeding to acquire this larger tract consisting of 230.5 acres of land located on and near the waterfront in the harbor of the City and County of San Francisco, Cal. The condemnation complaint named a large number of individual defendants who owned some 270 separate parcels of land embraced within the 230.5-acre tract described in the complaint. This large tract was described by a perimeter description and the individually-owned tracts of land (including that of Hutchinson) lying within this 230.5 area, were not separately described.

A declaration of taking was filed on April 22, 1942, and on the same day a judgment was entered thereon decreeing that title to the entire 230.5-acre tract vested in the United States.

The particular parcel of land owned by appellee, Hutchinson, which is…