Goose Creek Hunting Club, Inc.

Court of Claims

Goose Creek Hunting Club, Inc.

566 F.2d 1191, 215 Ct. Cl. 937, 1977 U.S. Ct. Cl. LEXIS 256

CourtUnited States Court of Claims

DecidedNovember 11, 1977

DocketNo. 11-73

StatusPublished

This text of 566 F.2d 1191 (Goose Creek Hunting Club, Inc.) is published on Counsel Stack Legal Research, covering United States Court of Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Goose Creek Hunting Club, Inc., 566 F.2d 1191, 215 Ct. Cl. 937, 1977 U.S. Ct. Cl. LEXIS 256 (cc 1977).

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Opinion

-In a decision reported at 207 Ct.Cl. 323, 518 F.2d 579 (1975), the court held that the United States had taken a permanent flowage easement over approximately 110 acres of land owned by plaintiff and that the date of taking was March 28, 1972. On remand to the trial judge for determination of the amount of plaintiffs recovery, a trial was held on the issue of [938]*938damages. In a recommended decision filed April 6, 1977, Trial Judge Mastin G. White concluded that prior to the taking plaintiffs land was best suited for recreational use as a hunting area, that the area cannot now be used for hunting, that the fair market value of the land was reduced by $8,250 from the "before taking” value of $111,910 to the "after taking” value of $103,660, and that plaintiff is entitled to recover $8,250, plus an amount computed at the rate of 7-1/2% per annum on $8,250 from March 28, 1972 to the date of payment, plus reasonable costs, disbursements and expenses actually incurred by plaintiff because of the litigation. On November 11, 1977, by order, the court adopted the recommended opinion as the basis for its judgment in this case, ordered that plaintiff is entitled to recover, and entered judgment for plaintiff for $9,551, plus an amount computed at the rate of 7-1/2% per annum on $8,250 from March 28, 1972 to the date of payment.

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-In a decision reported at 207 Ct.Cl. 323, 518 F.2d 579 (1975), the court held that the United States had taken a permanent flowage easement over approximately 110 acres of land owned by plaintiff and that the date of taking was March 28, 1972. On remand to the trial judge for determination of the amount of plaintiffs recovery, a trial was held on the issue of [938]*938damages. In a recommended decision filed April 6, 1977, Trial Judge Mastin G. White concluded that prior to the taking plaintiffs land was best suited for recreational use as a hunting area, that the area cannot now be used for hunting, that the fair market value of the land was reduced by $8,250 from the "before taking” value of $111,910 to the "after taking” value of $103,660, and that plaintiff is entitled to recover $8,250, plus an amount computed at the rate of 7-1/2% per annum on $8,250 from March 28, 1972 to the date of payment, plus reasonable costs, disbursements and expenses actually incurred by plaintiff because of the litigation. On November 11, 1977, by order, the court adopted the recommended opinion as the basis for its judgment in this case, ordered that plaintiff is entitled to recover, and entered judgment for plaintiff for $9,551, plus an amount computed at the rate of 7-1/2% per annum on $8,250 from March 28, 1972 to the date of payment.

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Bluebook (online)

566 F.2d 1191, 215 Ct. Cl. 937, 1977 U.S. Ct. Cl. LEXIS 256, Counsel Stack Legal Research, https://law.counselstack.com/opinion/goose-creek-hunting-club-inc-cc-1977.

Opinion

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