United States v. 760.807 Acres of Land, More or Less

D. Hawaii

United States v. 760.807 Acres of Land, More or Less

551 F. Supp. 1100, 1982 U.S. Dist. LEXIS 16235

CourtDistrict Court, D. Hawaii

DecidedDecember 7, 1982

DocketCiv. No. 80-0504

StatusPublished

This text of 551 F. Supp. 1100 (United States v. 760.807 Acres of Land, More or Less) is published on Counsel Stack Legal Research, covering District Court, D. Hawaii primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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United States v. 760.807 Acres of Land, More or Less, 551 F. Supp. 1100, 1982 U.S. Dist. LEXIS 16235 (D. Haw. 1982).

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AMENDMENT OF ORDER DENYING PLAINTIFF’S MOTION TO STRIKE

SAMUEL P. KING, Chief Judge.

On January 7, 1982, this Court denied in part plaintiff’s Motion to Strike a defense involving the valuation of sugar cane crops involved in this condemnation proceeding. See United States v. 729.773 Acres of Land, More or Less, 531 F.Supp. 967 (D.Hawaii 1982). Specifically, the Court held that when the United States government takes a parcel of land for public use, a lessee of that parcel is entitled to separate compensation for “the market value of his immature crops as of the day of taking.” Id. at 975. A more accurate statement of the law, however, is that a lessee is entitled to the market value of his crops at the date of their maturation or harvest, as determined as of the day of taking. See United States v. 576.734 Acres of Land, More or Less, 143 F.2d 408, 409-10 (3d Cir.1944).

The Order Denying In Part Plaintiff’s Motion to Strike is hereby amended in accordance with the foregoing.

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AMENDMENT OF ORDER DENYING PLAINTIFF’S MOTION TO STRIKE

SAMUEL P. KING, Chief Judge.

On January 7, 1982, this Court denied in part plaintiff’s Motion to Strike a defense involving the valuation of sugar cane crops involved in this condemnation proceeding. See United States v. 729.773 Acres of Land, More or Less, 531 F.Supp. 967 (D.Hawaii 1982). Specifically, the Court held that when the United States government takes a parcel of land for public use, a lessee of that parcel is entitled to separate compensation for “the market value of his immature crops as of the day of taking.” Id. at 975. A more accurate statement of the law, however, is that a lessee is entitled to the market value of his crops at the date of their maturation or harvest, as determined as of the day of taking. See United States v. 576.734 Acres of Land, More or Less, 143 F.2d 408, 409-10 (3d Cir.1944).

The Order Denying In Part Plaintiff’s Motion to Strike is hereby amended in accordance with the foregoing.

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551 F. Supp. 1100, 1982 U.S. Dist. LEXIS 16235, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-760807-acres-of-land-more-or-less-hid-1982.

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