UNITED STATES EX REL. T. V. A. v. 109 ACRES OF LAND

No. CIV-4-74-40.

404 F.Supp. 1392 (1975)

UNITED STATES of America ex rel. TENNESSEE VALLEY AUTHORITY, Plaintiff, v. 109 ACRES OF LAND, etc., and Allen Wiser, et ux., Defendants.

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

October 7, 1975.


Attorney(s) appearing for the Case

Herbert S. Sanger, Jr., Gen. Counsel, Charles A. Wagner, III, Asst. Gen. Counsel, and Robert E. Washburn, TVA, Knoxville, Tenn., for plaintiff.

William M. Davis, McMinnville, Tenn., for defendants.


MEMORANDUM OPINION AND ORDER

NEESE, District Judge.

This is an eminent domain proceeding involving the taking of private property for public use by the federal government, functioning herein through the relator the Tennessee Valley Authority (TVA). Private property may not be taken for public use without just compensation. Constitution, Fifth Amendment.

Under its inherent power so to do, and prior to the effective date of the Federal Rules of Evidence...

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