Fairfield Gardens, Inc. v. United States

Good Law
306 F.2d 167
United States Court of Appeals for the Ninth CircuitJune 27, 1962No. 17300California4,075 words

Opinion

Lead Opinion

Duniway, J.

These are cross appeals by the con-demnee (Fairfield) and by the government in an action brought by the government to condemn Fairfield’s leasehold interest in two so-called Wherry housing projects located at Travis Air Force Base, Solano County, California. We conclude that the judgment should be affirmed.

The projects in question were constructed under the Wherry Act (12 U.S. C.A. §§ 1748-1748h), the government owning the fee, and the property being leased to Fairfield (see 12 U.S.C.A. § 1748d, as enacted in 1949, 63 Stat. 570 ) for 75 years from March, 1951. When the Wherry Act was superseded by the Capehart Act, 69 Stat. 646 , provision was made for acquisition by the government of Wherry projects (42 U.S.C.A. § 1594a, 69 Stat. 652 ) and in 1956 such acquisition was required, by condemnation if necessary, whenever, as in the present case, a Wherry project is located at or near a military installation where construction of a Capehart project is authorized (42 U.S.C.A. § 1594a(b), 70 Stat. 1019 , 1111). Here, the government sought to condemn the leasehold of Fair-field, subject, however, to the outstanding mortgages incurred when the project was constructed.

FAIRFIELD’S…

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