The appeal alleges errors in the admission and exclusion of evidence and in the instructions to the jury. No opinion was written by the court. The condemned property owned by Mrs. Jacques was approximately acres. Part of it was improved with buildings, and, prior to the date of taking, this part was used for a residence and for a tourist business; another part contained deposits of marketable gravel, which the claimant had been accustomed to sell as it lay in the ground, so that what purchasers paid her was net profit.
There was also put in evidence, over objection by the condemnor, a contract dated December 30, with Savin Brothers, who took gravel from claimant's land for use in the Townshend Dam, and testimony by witness Carlton as to trucking some 20, cubic yards of gravel from claimant's land for use by the Perini Company in connection with the Ball Mountain Dam. It is well settled law that "where the government lays out a project involving the taking of lands, no increment of value arising by virtue of the fact that a particular tract is clearly or probably within the project may be added.
Cors, U. The opinion goes on to explain that "any increase in value due to that fact would reflect speculation as to what the government could be compelled to pay and hence in fairness should be excluded from the determination of what compensation would be just," citing United States v. Miller, U. Stating the rule in other words, the enhanced value created by the government's need for the property is not to be considered in determining the fair market value of the property condemned.
This principle has been applied in numerous cases. One very similar to the case at bar is United States v. Rayno, 1 Cir. There land condemned for flood control contained deposits of hardpan. In reversing a judgment for the claimant, Judge Woodbury wrote, F. Thus the market for hardpan created by the Government's activities at Franklin Falls cannot be considered in determining the value of the land from which it was taken. Appellant contends that the enhancement principle was violated by the refusal to exclude evidence of gravel sales directly connected with the government project.
We think it was necessary in the trial carefully to separate the admissible from the inadmissible evidence of value based on gravel sales. This was not done. Appellee contends that the United States Attorney did not properly raise the enhancement point. We disagree. His objection to the introduction of the Savin Brothers contract Appendix 37 appears sufficient, and elsewhere in the record he kept endeavoring, though without success, to get his point across.
Hence the question becomes whether the error in the admission of evidence was cured by the charge. The appellee contends that the portion of the charge set forth in the margin cured any error in the admission of evidence respecting sales of gravel. Chatterton's testimony. Jacques' testimony as to her gravel business during the years to inclusive. The periods of 40 and 60 years were based on her estimate that the condemned land contained 1,, cubic yards of gravel deposits, and Mr.
Chatterton's assumption as to the number of years required to exhaust that amount. Appellant has stated several valid reasons why Exhibit J should have been excluded. Capitalization of income comprehends the use of a rate of return in comparable investments. See United States v. The area is also home to flying foxes , brown boobies , sea turtles, and species of fish. November 12, This site features more than 2, natural sandstone arches , with some of the most popular arches in the park being Delicate Arch , Landscape Arch and Double Arch.
Other geologic formations include stone pinnacles , fins , and balancing rocks. November 10, The Badlands are a collection of buttes , pinnacles, spires, and mixed-grass prairies. The White River Badlands contain the largest assemblage of known late Eocene and Oligocene mammal fossils. Big Bend. Named for the prominent bend in the Rio Grande along the U. Its main attraction is backcountry recreation in the arid Chisos Mountains and in canyons along the river.
A wide variety of Cretaceous and Tertiary fossils as well as cultural artifacts of Native Americans also exist within its borders. Located in Biscayne Bay , this park at the north end of the Florida Keys has four interrelated marine ecosystems: mangrove forest, the Bay, the Keys, and coral reefs. Threatened animals include the West Indian manatee , American crocodile , various sea turtles, and peregrine falcon. October 21, The park protects a quarter of the Gunnison River , which slices sheer canyon walls from dark Precambrian -era rock. The canyon features some of the steepest cliffs and oldest rock in North America, and is a popular site for river rafting and rock climbing.
The deep, narrow canyon is composed of gneiss and schist which appears black when in shadow. February 25, Bryce Canyon is a geological amphitheater on the Paunsaugunt Plateau with hundreds of tall, multicolored sandstone hoodoos formed by erosion. The region was originally settled by Native Americans and later by Mormon pioneers. September 12, This landscape was eroded into a maze of canyons, buttes, and mesas by the combined efforts of the Colorado River , Green River , and their tributaries , which divide the park into three districts.
The park also contains rock pinnacles and arches, as well as artifacts from Ancient Pueblo peoples. December 18, Other natural features include monoliths, cliffs, and sandstone domes shaped like the United States Capitol. Above ground are the Chihuahuan Desert and Rattlesnake Springs. Channel Islands.
Five of the eight Channel Islands are protected, and half of the park's area is underwater. The islands have a unique Mediterranean ecosystem originally settled by the Chumash people. They are home to over 2, species of land plants and animals, and are unique to them, including the island fox. Ferry services offer transportation to the islands from the mainland.
On the Congaree River , this park is the largest portion of old-growth floodplain forest left in North America. Some of the trees are the tallest in the eastern United States. An elevated walkway called the Boardwalk Loop guides visitors through the swamp. Crater Lake lies in the caldera of an ancient volcano called Mount Mazama that collapsed 7, years ago. The lake is the deepest in the United States and is noted for its vivid blue color and water clarity. Wizard Island and the Phantom Ship are more recent volcanic formations within the caldera.
As the lake has no inlets or outlets, the lake is replenished only by precipitation. October 11, This park along the Cuyahoga River has waterfalls, hills, trails, and exhibits on early rural living. The park has numerous historic homes, bridges, and structures,  and also offers a scenic train ride. Death Valley. Centered on Denali , the tallest mountain in North America, Denali is serviced by a single road leading to Wonder Lake.
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Denali and other peaks of the Alaska Range are covered with long glaciers and boreal forest. Wildlife includes grizzly bears , Dall sheep , caribou , and gray wolves. Dry Tortugas. October 26, The islands of the Dry Tortugas , at the westernmost end of the Florida Keys, are the site of Fort Jefferson , a Civil War -era fort that is the largest masonry structure in the Western Hemisphere. The park is home to undisturbed coral reefs and shipwrecks, and is only accessible by plane or boat.
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The Everglades are the largest tropical wilderness in the United States. This mangrove and tropical rainforest ecosystem and marine estuary is home to 36 protected species, including the Florida panther , American crocodile , and West Indian manatee. Some areas have been drained and developed; restoration projects aim to restore the ecology. December 2, The country's northernmost park protects an expanse of pure wilderness in Alaska's Brooks Range and has no park facilities. The land is home to Alaska Natives who have relied on the land and caribou for 11, years. February 22, .
The nearby Old Courthouse , across a greenway to the west of the arch, was the first site of the Dred Scott case about slavery. A museum, located in the underground visitor center below the arch, describes the arch's construction and the country's westward expansion. The U. There are historic hotels and a landmark road called the Going-to-the-Sun Road in this region of rapidly receding glaciers. Glacier Bay. Glacier Bay contains tidewater glaciers, mountains, fjords, and a temperate rainforest, and is home to large populations of grizzly bears, mountain goats, whales, seals, and eagles.
Millions of years of erosion have exposed the multicolored layers of the Colorado Plateau in mesas and canyon walls, visible from both the north and south rims, or from a number of trails that descend into the canyon itself. Grand Teton.
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Grand Teton is the tallest mountain in the Teton Range. The park's historic Jackson Hole and reflective piedmont lakes teem with endemic wildlife, with a backdrop of craggy mountains that rise abruptly from the sage-covered valley. October 27, Based around Nevada's second tallest mountain, Wheeler Peak , Great Basin National Park contains 5,year-old bristlecone pines , a rock glacier , and the limestone Lehman Caves. Due to its remote location, the park has some of the country's darkest night skies. Wildlife includes the Townsend's big-eared bat , pronghorn , and Bonneville cutthroat trout.
September 13, Abutting a variety of grasslands, shrublands, and wetlands, the park also has alpine lakes, six 13,foot mountains, and old-growth forests. Great Smoky Mountains. The Great Smoky Mountains , part of the Appalachian Mountains , span a wide range of elevations, making them home to over vertebrate species, tree species, and plant species. Other activities include fishing, horseback riding, and touring nearly 80 historic structures. October 15, This park contains Guadalupe Peak , the highest point in Texas, as well as the scenic McKittrick Canyon filled with bigtooth maples , a corner of the arid Chihuahuan Desert , and a fossilized coral reef from the Permian era.
August 1, The park protects the greatest number of endangered species within a U. National Park. Hot Springs was established as a federal reserve by Congress on April 20, —the oldest area managed by the National Park Service. Congress redesignated Hot Springs as a national park on March 4, Natural hot springs flow out of the Ouachita Mountains , providing opportunities for relaxation in a historic setting. Bathhouse Row preserves numerous examples of 19th-century architecture.
February 15, The sandy beach adjoins a grassy prairie, bog, and wetlands home to over 2, species. Isle Royale. The largest island in Lake Superior is a place of isolation and wilderness. Along with its many shipwrecks, waterways, and hiking trails, the park also includes over smaller islands within 4.
There are only 20 mammal species on the entire island, though the relationship between its wolf and moose populations is especially unique. Joshua Tree. Covering large areas of the Colorado and Mojave Deserts and the Little San Bernardino Mountains , this desert landscape is populated by vast stands of Joshua trees. Large changes in elevation reveal various contrasting environments including bleached sand dunes, dry lakes, rugged mountains, and maze-like clusters of monzogranite monoliths.
Over 2, grizzly bears come here each year to catch spawning salmon.
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Other wildlife includes caribou , wolves , moose , and wolverines. Near Seward on the Kenai Peninsula , this park protects the Harding Icefield and at least 38 glaciers and fjords stemming from it. The only area accessible to the public by road is Exit Glacier ; the rest must be viewed or reached from boat tours. Kings Canyon. Home to several giant sequoia groves and the General Grant Tree , the world's second largest measured tree, this park also features part of the Kings River , sculptor of the dramatic granite canyon that is its namesake, and the San Joaquin River , as well as Boyden Cave.
Twice a year, half a million caribou migrate through the dunes and across river bluffs that expose well-preserved ice age fossils. The region around Lake Clark features four active volcanoes, including Mount Redoubt , as well as an abundance of rivers, glaciers, and waterfalls. Temperate rainforests, a tundra plateau, and three mountain ranges complete the landscape. August 9, Lassen Peak , the largest lava dome volcano in the world, is joined by all three other types of volcanoes in this park: shield , cinder cone , and composite.
Though Lassen itself last erupted in , most of the rest of the park is continuously active. Numerous hydrothermal features, including fumaroles , boiling pools, and bubbling mud pots, are heated by molten rock from beneath the peak. Mammoth Cave.
Subterranean wildlife includes eight bat species, Kentucky cave shrimp , Northern cavefish , and cave salamanders. Above ground, the park provides recreation on the Green River , 70 miles of hiking trails, and plenty of sinkholes and springs. This area constitutes over 4, archaeological sites of the Ancestral Puebloan people, who lived here and elsewhere in the Four Corners region for at least years.
Cliff dwellings built in the 12th and 13th centuries include Cliff Palace , which has rooms and 23 kivas , and the Balcony House, with its many passages and tunnels. Mount Rainier , an active stratovolcano , is the most prominent peak in the Cascades and is covered by 26 named glaciers including Carbon Glacier and Emmons Glacier , the largest in the contiguous United States.
The mountain is popular for climbing, and more than half of the park is covered by subalpine and alpine forests and meadows seasonally in bloom with wildflowers. Paradise on the south slope is the snowiest place on Earth where snowfall is measured regularly. October 2, This complex includes two geographically distinct units of the national park, as well as Ross Lake and Lake Chelan National Recreation Areas. The highly glaciated mountains are spectacular examples of Cascade geology.