United States Supreme Court Cases & Opinions

U.S. Supreme Court

United States v. Certain Parcels of Land, 345 U.S. 344 (1953)

United States v. Certain Parcels of Land

No. 253

Argued January 9, 1953

Decided April 6, 1953

345 U.S. 344

Syllabus

Under the Lanham Act of 1940, as amended, the Government filed a petition in the Federal District Court for the condemnation of certain easements in land and title to sewer mains which together comprised the sewerage system of a Virginia community. The 1943 amendment of the Act provided that

"none of the funds authorized herein shall be used to acquire public works already operated by public or private agencies, except where funds are allotted for substantial additions or improvements to such public works and with the consent of the owners thereof. . . ."

Held:

1. The 1943 amendment authorized the condemnation of such property, subject to the conditions stated. Pp. 345 U. S. 345-348.

2. Under the 1943 amendment, householders having easements or rights of user in the sewer system were not "owners" whose consent to the acquisition was required. Pp. 345 U. S. 349-350.

196 F.2d 657, reversed.

A petition by the Government for condemnation under the Lanham Act, as amended, was dismissed by the District Court. 101 F.Supp. 172. The Court of Appeals affirmed. 196 F.2d 657. This Court granted certiorari. 344 U.S. 812. Reversed, p. 345 U. S. 350.

Page 345 U. S. 345