Southern California Fisherman's Ass'n v. United States

Good Law
174 F.2d 739·1949 U.S. App. LEXIS 2274
United States Court of Appeals for the Ninth CircuitMay 19, 1949No. 11956California881 words

Opinion

Lead Opinion

Orr, J.

Appellants, under permits from the City of Los Angeles, California, erected improvements upon land situate at Terminal Island in Los Angeles Harbor. The permits were revocable at the pleasure of said city and appellants were privileged to remove all improvements erected thereon within thirty days after receipt of notice of termination of permit. The city served notice of termination of permits upon appellants oil February 21, 1942. After service of said notice and before appellants had taken any action ■relative to the removal of the improvements, the United States Government took possession of the land and improvements, pursuant to a court order for immediate taking. The amended complaint in the condemnation proceeding included both the ■improvements and the land.

Prior to the trial of the case the United States Government made a settlement with the City of Los Angeles relative to the price to be paid said city for the land. The question of the compensation to be paid appellants for their improvements was submitted to the trial court for determination. That court found the fair and reasonable compensation to be paid for the improvements was their reasonable value removed from…

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