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UNITED STATES v. CERTAIN PARCELS OF LAND, ETC.

No. 1940.

104 F.Supp. 369 (1952)

UNITED STATES v. CERTAIN PARCELS OF LAND, TOWN OF CLARKSVILLE, VA., et al.

United States District Court E. D. Virginia, Richmond Division.

April 8, 1952.

Attorney(s) appearing for the Case

A. Carter Whitehead, U. S. Atty. and Harris Grimsley, Sp. Asst. to the U. S. Atty., both of Richmond, Va., William Amory Underhill, Asst. Atty. Gen., Ralph J. Luttrell, Anne S. Bell, Attys., Department of Justice, Washington, D. C., for the United States.

George E. Allen and Ashby B. Allen, both of Richmond, Va., Frank W. Hancock, Jr., and B. S. Royster, Jr., both of Oxford, N. C., for Town of Clarksville.

BRYAN, District Judge.

The point of this case is whether in taking the sewer system of a municipality by eminent domain, the United States, to make just compensation, must pay (a) for a sewage treatment plant when none existed at the time of the take, if such a plant is required by State law to be included in any substitute system, and (b) pay for the cost of operating lift stations which must be added in a substitute system but were not necessary in the old because...

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