Footnotes

United States v. 564.54 Acres of Land (Lutheran Synod), 441 U.S. 506, 516 (1979) (quoting Olson v. United States, 292 U.S. 246, 255 (1934)); see Gettysburg Tower, 409 F.3d at 145-46 & nn.11-12.

Id.

Cf. Nebraska v. United States , 164 F.2d 866, 869 (8th Cir. 1947), cert. denied , 334 U.S. 815 (1948) (no compensation for “a diminution in the market value of the [landowner’s] rights through the creation of a leasehold, easement, or other interest in the land by the [landowner’s] own acts” preceding United States’ acquisition); United States v. 32.42 Acres of Land , No. 05cv1137 DMS, 2009 WL 2424303 (S.D. Cal. Aug. 6, 2009) (measure of compensation for acquisition of leased fee excluding existing leasehold is market value of lessor’s reversionary leased-fee interest).

United States v. 57.09 Acres of Land in Skamania Cty. (Peterson I), 706 F.2d 280, 281 (9th Cir. 1983), citing United States v. Grizzard, 219 U.S. 180 (1911), and United States v. Welch, 217 U.S. 333, 339 (1910) (“the value of the easement cannot be ascertained without reference to the dominant estate to which it was attached”).

See Section 4.2.2 (The Unit Rule); Grizzard , 219 U.S. at 184-85 (“[J]ustice . . . required that regard be had to the effect of the appropriation of a part of a single parcel upon the remaining interest of the owner, by taking into account both the benefits which accrue and the depreciation which results to the remainder in its use and value.”); Bos. Chamber , 217 U.S. at 194-95 (The government cannot “be made

See, e.g. , United States v. 3.6 Acres of Land in Spokane Cty ., 395 F. Supp. 2d 982 (E.D. Wash. 2004); 765.56 Acres I , 164 F. Supp. at 945-47.

E.g. , 3.6 Acres , 395 F. Supp. 2d at 992 (finding $1.00 was just compensation for acquisition of easement that did not exceed preexisting easement).

Bos. Chamber of Commerce v. City of Boston , 217 U.S. 189, 195 (1910); 79.20 Acres in Stoddard , 710 F.2d at 1354-55.

765.56 Acres I , 164 F. Supp. at 948.

United States v. Va. Elec. & Power Co. , 365 U.S. 624, 642 (1961) (Whittaker, J., dissenting) (quoting United States v. Chandler-Dunbar Water Power Co. , 229 U.S. 53, 76 (1913)).