Home/E.D. North Carolina/United States v. 12 Tracts of Land, Comprising 50.07 Acres

United States v. 12 Tracts of Land, Comprising 50.07 Acres

268 F. Supp. 125, 1967 U.S. Dist. LEXIS 11778
CourtDistrict Court, E.D. North Carolina
DecidedApril 11, 1967
DocketCiv. No. 487
StatusPublished
Cited by2 cases

This text of 268 F. Supp. 125 (United States v. 12 Tracts of Land, Comprising 50.07 Acres) is published on Counsel Stack Legal Research, covering District Court, E.D. North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. 12 Tracts of Land, Comprising 50.07 Acres, 268 F. Supp. 125, 1967 U.S. Dist. LEXIS 11778 (E.D.N.C. 1967).

Opinion

OPINION AND ORDER

LARKINS, District Judge:

SUMMARY

This cause comes before the Court for trial without the intervention of a jury upon a Complaint in Condemnation filed by the United States of America, pursuant to Title 40, United States Code, Section 257 et. seq., to enable the United States Department of the Interior to acquire certain land in Dare County, North Carolina, for use in connection with the Fort Raleigh National Historic Site of the National Park Service, United States Department of the Interior. Authority for the taking is established by Title 40, United States Code, Section 258a, and jurisdiction in this Court is provided for in Title 28, United States Code Annotated, Section 1358.

Complaint was filed December 20, 1963, and Order for Delivery of Possession of the original twelve tracts was filed December 27, 1963. A year later, the Government amended its Complaint on December 23, 1964, to add three more tracts (Park Tracts No. 25, 30 & 31), and the Order for Delivery of Possession as to these was filed December 28, 1964. The estate taken was “full fee simple title, along with all water rights and other rights, tenements, hereditaments and appurtenances thereunto pertaining,” subject to easements for streets, highways, and public utilities not taken in the declaration. Park Tract No. 25 was taken subject to an access easement reserved to the owners of the remainder of the larger tract from which it was severed, subject to absolute termination upon a new access route being opened between the remaining portion and U. S. Highway No. 64-264. Such a route has since been opened, but the degree of adequate service it provides the remaining tract is in dispute.

All defendants — ostensible owners and other claimants, known or unknown— were served in accordance with Federal Rule 71A(d). Pursuant to Federal Rule 71A(j) and Title 40, United States Code, Section 258a, sums estimated by the Solicitor of the Department of the Interior as just compensation for the lands taken in this action were set forth in the First and Second Declarations of Taking and deposited with the Clerk of this Court (on December 20, 1963, and December 23, 1964, respectively). Of the amounts deposited, the Court has allowed several ostensible owners to withdraw a portion of the sums deposited to their credit without prejudice to their rights to a full hearing and final determination of the issue of just compensation for [127]*127their property. The several tracts and park tract numbers, survey map tract numbers, names of ostensible owners, acreage, amount of estimated just cornpensation deposited, and amounts withdrawn in respect to each is as follows:

[128]*128

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Cite This Page — Counsel Stack

Bluebook (online)
268 F. Supp. 125, 1967 U.S. Dist. LEXIS 11778, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-12-tracts-of-land-comprising-5007-acres-nced-1967.