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UNITED STATES v. 26.81 ACRES OF LAND

March 3, 1964

UNITED STATES OF AMERICA, PLAINTIFF,
v.
26.81 ACRES OF LAND, MORE OR LESS, IN BENTON COUNTY, ARKANSAS, DEFENDANT. UNITED STATES OF AMERICA, PLAINTIFF, V. 318.98 ACRES OF LAND, MORE OR LESS, IN BENTON AND WASHINGTON COUNTIES, ARKANSAS, DEFENDANT.



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

The motion of defendant, Silica Products Company, Inc., hereinafter referred to as Silica, was filed herein on January 24, 1964, for modification of the court's instructions to the Commissioners to whom the captioned cases have been assigned, or, in the alternative, that the issue of just compensation payable to this defendant for its property taken and damaged be withdrawn from the Commissioners and tried to the court without a jury.

The movant incorporated in its motion a full and complete brief in support of the motion. On February 3, 1964, the Government filed its response to the motion, and likewise incorporated in the response its brief and argument in opposition to the motion.

In 1933 Silica by mesne conveyance became the owner in and to 67 acres of land, more or less, included in the above captioned cases.

On February 16, 1948, Silica conveyed to Cecil A. Sigmon and wife the surface estate of the property. The deed conveying the surface estate contained the following description and reservation:

    "That part of the W½ of the SW¼ lying South and
  West of White River and the South¾ of the SE¼ of the
  SW¼, all in Section 12, Township 18 North of Range 29
  West, reserving to the grantor all mineral rights to
  any minerals or valuable deposits located on or below
  the surface of the ground especially including silica
  sand, together with right of ingress and egress and
  the right to install such machinery and equipment as
  may be necessary for the operations and removal of
  the same."

On December 12, 1962, Civil Action No. 481 was commenced to obtain under the right of eminent domain the following tracts:

Tract 1517-1, containing 1.00 acre, fee simple title

Tract 1517-2, containing 5.25 acres, fee simple title

Tract 1517-3, containing 1.25 acre, fee simple title

  Tract 1517E-1, containing 1.50 acres, perpetual
    flowage easement.
  Tract 1517E-2, containing 7.00 acres, perpetual
    flowage easement.

The above tracts were taken out of a total ownership of approximately 24 acres, the surface estate of which was conveyed to Raymond and Helen A. Ford by Cecil A. Sigmon and wife subsequent to February 16, 1948.

Civil Action No. 495 was filed April 18, 1963, to obtain the following tracts:

  Tract 1516, containing 26 acres, fee simple title, in
    which the surface estate was owned by Ervin and
    Pauline ...

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