ELR Citation: ELR 20513
No(s). 7769 (S.D. Ohio Sep 9, 1971)

Judgment of possession for the United States in a condemnation proceeding initiated to acquire land for a Corps of Engineers flood control dam project authorized in 1938 vacated and the government's motion to strike defenses denied because the failure of the Corps of Engineers to comply with the procedural requirements of the National Environmental Policy Act of 1969 (NEPA) vitiates the legality of the administrative action by which the judgment of possession was obtained and entitles landowner to a trial on the merits of the Corps' compliance with NEPA. The Ninth Amendment has not yet been interpreted by the Supreme Court so as to provide landowners a right to the preservation of their property in its natural state against the government's power to acquire property for governmental purposes.

Counsel for the United States:
James E. Rattan Asst. U.S. Attorney
Federal Building
Cincinnati, OH 43215
(614) 469-5715

Counsel for Defendant:
Charles G. Heyd
Peck, Shaffer & Williams
1604 First National Bank Building
Cincinnati, OH 45202
(513) 621-3394