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United States v. Chase

decided: November 3, 1958.

UNITED STATES OF AMERICA, PETITIONER-PLAINTIFF, APPELLEE,
v.
MARGARET J. CHASE ET AL., DEFENDANTS-APPELLANTS.



Author: Ryan

Before HINCKS and WATERMAN, Circuit Judges, and RYAN, District Judge.

RYAN, District Judge.

The owners of condemned realty appeal from a judgment rendered after trial in the District Court, without a jury, awarding compensation of $35,500.80 for a Government taking in fee or of easements in five separate tracts affecting 23.40 acres lying within an area of 139.895 acres of unimproved and undeveloped land, described as the "Chase property" and fronting approximately 2800 feet on the westerly side of Cedar Swamp Road, Village of Brookville, Town of Oyster Bay, Nassau County, New York.

The question presented is the adequacy of the award. The following is a tabulation of the evaluations made of the direct and severance damage:

Direct Damage Tract Owners' Valuation Government Court's

- Valuation Valuation

A-100 $43,625.00 $6,980.00 $15,007.00

A-100-E-1 5,938.00 950.00 2,042.50

A-100-E-2 8,187.00 1,310.00 2,816.50

A-100-E-3 14,977. 00 778.00 3,345.40

A-100-E-4 12,281.00 638.00 2,743.40

$85,008.00 $10,656.00 $25,954.80

Severance

Damage 407,686 .00 ...


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