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UNITED STATES v. 544 ACRES OF LAND, ETC., FRANKLIN CO., TENN.

Civ. A. No. 923.

314 F.Supp. 273 (1969)

UNITED STATES of America upon the relation and for the use of the TENNESSEE VALLEY AUTHORITY, Plaintiff, v. 544 ACRES OF LAND, MORE OR LESS, IN FRANKLIN COUNTY, TENNESSEE, Willard R. Anderson et al., Defendants.

United States District Court, E. D. Tennessee, Winchester Division.

September 26, 1969.

Attorney(s) appearing for the Case

Robert H. Marquis, Gen. Counsel, TVA, Thomas A. Pedersen, Solicitor, TVA, Don Whitehead, and Beecham Brogan, TVA, Knoxville, Tenn., for plaintiff.

Pat B. Lynch, Ben P. Lynch, and Mike Lynch, Lynch, Lynch & Lynch, Winchester, Tenn., for defendants.

MEMORANDUM OPINION

NEESE, District Judge.

The Court submitted to a jury the issue of just compensation herein, but reserved the issue of the relator's right to take that portion of the land included in the taking which lies above the floodline. The landowners claim a right to contest this reserved issue by evidentiary hearing.

The necessity and expediency of taking property for public use is a purely political determination for the Legislative Branch...

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