Carlstrom

Carlstrom v. United States

Good Law
275 F.2d 802
United States Court of Appeals for the Ninth CircuitFebruary 15, 1960No. 16128California2,972 words

Opinion

Lead Opinion

Barnes, J.

This is an appeal from a final judgment of the district court in a condemnation proceeding, after a jury trial, The government action condemned first, on May 1, 1953, an estate for years, and secondly, on June 16,1955 (by an amended complaint), fee title, both in a portion of an aircraft plant (Plancor # 20) at San Diego, California,

This plant, declared surplus after World War II, was purchased by Carlstrom from the government in May 1948 a surPlus property sale. He there-a-^er transferred titte of various por^°ns to the other plaintiffs and appeltents herein.

Seventy acres were condemned, but by time of trial the just compensation for only forty-six and nine-tenths acres remained to be determined. For convenience, the property included in the term taking was described in “parcels”; the property in the fee taking described in “tracts.”

The verdict the jury returned covered the fair market value of nine tracts, six fourteen month term parcels, and six options to renew — -a total of twenty-one valuations. 1 In addition, by the answer to special interrogatories, the jury determined the fair market value by which each Pal'cel and tract was enhanced because of parking facilities…

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