United States v. 733 Acres of Land, More or Less, Situated in the Town of Truro

552 F. Supp. 1, 1982 U.S. Dist. LEXIS 11459
CourtDistrict Court, D. Massachusetts
DecidedMarch 25, 1982
DocketCiv. A. No. 80-2425-C
StatusPublished
Cited by3 cases

This text of 552 F. Supp. 1 (United States v. 733 Acres of Land, More or Less, Situated in the Town of Truro) is published on Counsel Stack Legal Research, covering District Court, D. Massachusetts primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. 733 Acres of Land, More or Less, Situated in the Town of Truro, 552 F. Supp. 1, 1982 U.S. Dist. LEXIS 11459 (D. Mass. 1982).

Opinion

OPINION

CAFFREY, Chief Judge.

This is one of a series of cases instituted by the filing of a complaint in condemnation by the United States of America pursuant to Pub.L. 87-126, § 1, August 7, 1961, 75 Stat. 284, codified at 16 U.S.C. § 459b, et seq., which provides for the establishment of the Cape Cod National Seashore. The instant complaint in condemnation was [2]*2filed by the United States on October 30, 1980. On November 6,1981 this Court conducted a hearing on the plaintiff’s motion for summary judgment, which motion is now before the Court.

The Subject Property

By this action in condemnation, the United States seeks to confirm its title to one entire parcel identified as Cape Cod National Seashore tract No. 08-8628. The tract contains approximately 733 acres located within the Cape Cod National Seashore in North Truro, Massachusetts, on the Atlantic Ocean side of the Cape. Situated on the property are several dilapidated shacks or “cottages,” some of which are entirely buried by sand or are otherwise uninhabited. Photographs of the various locations show that two or more of these “cottages” do not exist on the ground, having either been burned or totally destroyed by the elements some years ago. (See plaintiff’s exhibits 1-4). These structures are claimed by or seasonally occupied by the defendants who have appeared in this case.

This particular condemnation action is unusual in that the plaintiff, United States of America, already holds the full fee title and registered title in the property it is condemning. The United States holds title in tract No. 08-8628 by virtue of a Transfer Certificate of Title issued by the Massachusetts Land Court on April 6, 1967, the source of which was a May 1, 1963 Deed of the same property into the United States from the Commonwealth of Massachusetts. (See exhibit B to the Affidavit of the Government’s title examiner). The Commonwealth also had held registered title to the property by virtue of its own previous Certificate of Title issued from the Land Court. The Deed from the Commonwealth of Massachusetts specifically includes a legal description of the subject property “.. . with buildings thereon ...” There exists absolutely no reference to any of the defendants or any rights or interests of the defendants through the chain of ownership of this registered land for the last 51 years.

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Related

United States v. 7.92 Acres Of Land
769 F.2d 4 (First Circuit, 1985)

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Bluebook (online)
552 F. Supp. 1, 1982 U.S. Dist. LEXIS 11459, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-733-acres-of-land-more-or-less-situated-in-the-town-of-mad-1982.