(Download) "Southern Pacific Land Company v. United" by United States Court of Appeals for the Ninth Circuit * Book PDF Kindle ePub Free

August 01, 2021

eBook details

Title: Southern Pacific Land Company v. United
Author : United States Court of Appeals for the Ninth Circuit
Release Date : January 12, 1966
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 62 KB

Description

BROWNING, Circuit Judge: The United States seeks to condemn the fee simple title to 17,750 acres of land, including the mineral interests, for the construction of a naval air station near Lemoore, California. The Southern Pacific Land Company, owning 4,600 of these acres, contends that the mineral interests in the property cannot be taken. The Company argues that property may be taken only for a public purpose; that the only public purpose involved was the construction of a naval air station; that the Assistant Secretary did not determine that the taking of the mineral rights in the Company's lands was necessary for that purpose; and if he had, his determination would have been arbitrary and capricious, and an abuse of discretion, because the Company is willing to agree not to exploit these mineral rights unless and until it becomes possible to do so without interfering with the operation of the naval air station.