Util. L. Rep. P 14,087, 96 Cal. Daily Op. Serv. 272, 96 Daily Journal D.A.R. 414 United States of America v. 42.13 Acres of Land, and Pacific Gas and Electric Company
Opinion
Opinion
73 F.3d 953 Util. L. Rep. P 14,087 , 96 Cal. Daily Op. Serv. 272 , 96 Daily Journal D.A.R. 414 UNITED STATES of America, Plaintiff-Appellee, v. 42.13 ACRES OF LAND, Defendant, and Pacific Gas and Electric Company, Defendant-Appellant. No. 93-16248. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 16, 1995. Decided Jan. 11, 1996. Richard Murray, McCutchen, Doyle, Brown & Enersen, San Francisco, California, for defendant-appellant. Robert L. Klarquist, United States Department of Justice, Washington, DC, for plaintiff-appellee. Appeal from the United States District Court for the Eastern District of California. Before REINHARDT, THOMPSON and KLEINFELD, Circuit Judges. OPINION KLEINFELD, Circuit Judge: 1 The issue in this case is whether a federal condemnation award has to include the value of an expectation of renewal of a federal license. 2 * FACTS 3 The Federal Power Commission issued a license pursuant to the Federal Power Act, 16 U.S.C. Secs. 791a, 797(e), et seq., to Pacific Gas & Electric Company (PG & E) in 1929, to use federal land on the Stanislaus River for a dam, reservoir and plant to generate electricity. The license would by its…