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U.S. v. 0.28 ACRES OF LAND

No. 1:02CV00201.

347 F.Supp.2d 273 (2004)

UNITED STATES of America, Plaintiff, v. 0.28 ACRES OF LAND, More or Less, Situated in Buchanan County, Commonwealth of Virginia, et al., Defendants.

United States District Court, W.D. Virginia, Abingdon Division.

December 3, 2004.

Attorney(s) appearing for the Case

Russell Vern Presley, II, Street Law Firm, LLP, Grundy, VA, for S.T. Mullins,

Trustee of the W. Miller Richardson Testamentary Trust and Miners & Merchants Bank & Trust Company.

Timothy W. McAfee, McAfee Law Firm, P.C., Norton, VA, for Mildred W. Trout.

OPINION AND ORDER

JONES, Chief Judge.

In this condemnation action by the United States, I am called upon to determine if a lessee continues to have an interest in the property condemned, or whether such interest was forfeited by a failure to pay rent. Based on the record, I find that the lessee has no compensable interest in the property.

I

The United States, acting by the Secretary of the Army, has condemned the real property that is the...

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