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UNITED STATES v. 1

August 31, 1951

UNITED STATES
v.
1,298.15 ACRES IN BOONE COUNTY ET AL.



The opinion of the court was delivered by: John E. Miller, District Judge.

On April 16, 1951, a declaration of taking was executed by the Secretary of the Army and filed in this proceeding wherein the land now involved along with other land was designated as Tract No. 0-1449, containing 111 acres. Judgment on the declaration of taking was duly entered and the title in fee simple was vested in the Government in Tract No. 0-1449 as then constituted, subject however to existing easements for public roads and highways.

Subsequent to the filing of that declaration of taking a re-survey was made of the land embraced in Tract No. 0-1449, and it was determined that the acreage therein should be divided into two tracts to be designated as 0-1449 (Rev.), containing 101.9 acres, and 0-1470, containing 9.1 acres. Accordingly a new declaration of taking was filed and a judgment vesting title in Tract No. 0-1470 was entered.

The division of the original Tract No. 0-1449 was necessary because Jeanette Frances Tucker had become the owner of a portion thereof, now Tract No. 0-1470, by warranty deed dated August 17, 1950, and recorded on the same date. The tract now involved, 0-1470, is 300 feet wide East and West and 1320 feet long North and South and contains 9.1 acres, more or less.

In the answer filed by the present owner of the tract, 0-1470, she alleges, inter alia:

    "She would respectfully deny that the Secretary of
  the Army has the authority to take the North 660 feet
  of the West 300 feet of the NE¼ of the SE¼ of Sec.
  25, Twp. 21 North, Range 19 West, South of White
  River in Boone County, Arkansas."

The Government filed a motion to strike the above quoted paragraph from the answer and on August 28, 1951, a hearing was held on that motion, and the court now makes and files herein its findings of fact and conclusions of law, separately stated.

Findings of Fact

1.

Jeanette Frances Tucker is the owner of the tract of land involved herein. Situated thereon are valuable buildings consisting of a dwelling house, barn and other necessary outbuildings. State Highway 14 runs across the tract near the middle thereof in a Northwesterly and Southeasterly direction. All of the buildings and improvements are located north of the highway. A county highway, unnumbered, leaves State Highway 14 near the Northwest corner of the tract and extends Northward into and serves land belonging to individuals that has not been taken by the Government and which will not be taken.

The land immediately North of the tract and West of the tract has already been acquired by the Government, and the land immediately East and South of the tract has been acquired as Tract No. 0-1449 (Rev.).

State Highway 14 will be relocated when the project has been completed, but it is not known definitely where its new location will be.

The only means of ingress and egress to the tract after State Highway 14 is relocated, if it is removed entirely from the tract, which is indicated because of the location of the contour lines, will be along and upon the county highway running Northward, but in order to reach that highway the landowner would have to go 40 steps across land owned by the Government.

The contour line of 700 feet is 425 feet East from the West line of the tract and 125 feet East of the East line. The dwelling house on the tract, as well as most of the other buildings, is 50 feet higher than the 700 foot contour line.

The testimony did not reveal the distance of the 700 foot contour line West of the West line of the tract, but the map introduced in evidence shows that the 700 foot contour line that runs East of the tract bears Westerly until it comes back immediately North of the East ...


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