250 F. 314 | E.D. Ark. | 1918
The government has instituted a number of proceedings for the acquirement by condemnation for temporary use of a number of tracts of land needed for the location and construction of a military training camp, under the provisions of Act July 2, 1917, c. 35, 40 Stat. 241 (section 6911a, U. S. Comp. St. Temporary Supplement 1917). If the land in controversy were to be used for ordinary purposes, which would not "require or result in the destruction, either wholly or in part, of the improvements on the lands, or changing them to an extent which would make them unfit, after the occupancy of the land by the government ceases, for the purpose for which they are almost exclusively suitable, agriculture, the value of such occupancy could easily be determined by a jury; but the uses here contemplated are for military purposes, for artillery and rifle ranges, for maneuvering by and training of the thouáands of soldiers, now located at the cantonment adjoining these lands, and any uses deemed necessary for military purposes.
What destruction of improvements or changes of the lands from - their present condition may be necessary is at present uncertain. That many of the houses, barns, fences, and other improvements will have
If the parties cannot agree upon the damages to be paid, if the government fails to put the land back in the condition it was, when it entered upon it, the court will, upon the application of eithfcr party, have a jury assess the damages, and for that purpose the court will retain jurisdiction of this cause. This, in the opinion of the court, is equitable and just to all parties, will protect the landowner, and will enable the government to make use of the land for military training, so necessary in this great emergency.