Goodyear Farms v. United States

This appeal has two phases: First, a petition for intervention was denied ; second, a motion to amend the answer of certain defendants was disallowed. The complaint was for condemnation of lands. There are two separate claims by different owners joined in the petition to intervene and the motion to amend, respectively. The first is the claim of lands contiguous to the air field that take-offs and landings of four hundred jet planes per day over lands in more or less proximity to the air field will amount to appropriation. We are clear that, if any such right exist as to lands outside the area condemned, it cannot be adjudicated in the present proceeding. If an owner had lands here condemned and contiguous land lying outside the boundaries, he would have the right of compensation for damages suffered by the whole tract. 1 But in this event he is already a defendant and can appeal from a final judgment if he has not been awarded compensation for all of his rights taken or damaged. No intervention could be granted as to any persons who have claims of this character.

Adaman Mutual Water Company seeks to intervene on the ground that it has supplied irrigation water to 233 acres of…