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U. S., ETC. v. AN EASEMENT AND RIGHT-OF-WAY, ETC.

No. CIV-2-80-69.

537 F.Supp. 3 (1981)

UNITED STATES of America, ex rel. TENNESSEE VALLEY AUTHORITY, Plaintiff, v. AN EASEMENT AND RIGHT-OF-WAY OVER 11.6 ACRES OF LAND, etc., Charles Edward Hawthorne, et al., Defendants.

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

April 3, 1981.

Attorney(s) appearing for the Case

Herbert S. Sanger, Jr., James E. Fox, Justin M. Schwamm, Sr., Don O. Whitehead, Edwin W. Small, Tennessee Valley Authority, Knoxville, Tenn., for plaintiff.

Tom H. Rogan, Rogersville, Tenn., and G. P. Gaby, Milligan, Coleman, Fletcher, Gaby & Kilday, Greeneville, Tenn., for defendants.

MEMORANDUM OPINION

NEESE, District Judge.

The only "fact in issue" for the jury to decide in this proceeding is the amount of just compensation owing to the defendant-landowners for the rights taken by the plaintiff (through the relator) in the property at issue. "* * * Just compensation should be awarded, which is the difference in the market value of the entire tract(s) before and after the taking. (Olson v. United States, 292 U.S...

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