United States v. 277.97 Acres of Land
Opinion
lead Opinion
Yankwich, J.
On July 11, 1952, the Government of the United States filed its complaint in condemnation seeking to condemn 277.97 acres of land in the County of Madera, California. On the same day, a declaration of taking was filed, executed by the Solicitor of the Department of the Interior, pursuant to authority delegated to him by the Secre tary of the Interior, under Section 2 of Reorganization Plan No. 3 of 1950, 15 F.R. 3174 , 5 U.S.C.A. following section 133z-15, and Section 28 of Order No. 2509 as amended, 15 F.R. 5058 .
The Declaration of Taking stated that it was filed under Section 1 of the Act of February 26, 1931, 46 Stat. 1421 , 40 U.S. C.A. § 258a. It recited, among other things:
The Act of October 17, 1940, 54 Stat. 1198 , to which reference is made in the foregoing excerpt from the Declaration of Taking, reads in part as follows:
Certain defendants have challenged the right of the Government to take the property. They argue that it is not taken for a public use.
The Declaration of Taking designates the purposes as being: (1) navigation, (2) regulation of the flow of the San Joaquin and Sacramento Rivers, (3) flood control, (4) reclamation, (5) generation, distribution, and…