United States v. Tavares Const. Co.
Opinion
Lead Opinion
Mathews, J.
In the United States District Court for the Southern District of California, the United States, hereafter called plaintiff,- instituted a proceeding for the condemnation of land in National City, San Diego County, California. Plaintiff instituted this proceeding by filing a' complaint on November 10, 1942. 1 Thereby plaintiff sought condemnation of 11 parcels of land — parcels 1, 2, 3, 4, S, 6, 7, 8, 9, 10 and 11. On September 23, 1944, plaintiff filed an amendment to the complaint. By the complaint as thus amended, plaintiff sought condemnation of 12 parcels of land — the 11 parcels mentioned above and parcel A.
On October 3, 1944, plaintiff filed a declaration of taking and deposited with the court the amount ($116,540) estimated to-be just compensation for parcels 2, 3, 4, 5, 6, 7(8, 9, 10, 11 and A. 1 On December 23, 1944, plaintiff filed an amended declaration of taking and deposited with the court the amount ($55,110) estimated to be just compensation for parcel 1.
Plaintiff filed an amended and supplemental complaint on January 15, 1945. Tavares Construction Company, Inc., Lloydl S. Stroud, R. S. Seabrook, C. M. Elliott,. Carlos Tavares, Henry M. Page and Don F. Gates,…