#### URSULA S. REILLY, JOHN D. REILLY, EUGENE S. REILLY, JOANNA M. HART, BERTHA M. REILLY, AND URSULA A. ROBERTS v. THE UNITED STATES

[No. F-113.

Decided December 5, 1927]

*On the Proofs*

*Eminent domain; determination of just compensation.*— The fair and reasonable market value of plaintiffs’ property found as of the date of taking.

*The Reporter's*statement of tbe case:

*Mr. Edmond O. Fletcher*for the plaintiffs.

*Mr. Dan M. Jackson,*with whom was *Mr. Assistant Attorney General Herman J. Galloway,*for the defendant.

The court made special findings of fact, as follows:

I. The plaintiffs, Ursula S. Reilly, John D. Reilly, Eugene S. Reilly, Joanna M. Hart, Bertha M. Reilly, and Ursula A. Roberts, are all citizens of the United States and reside in the city of Pittsburgh, State of Pennsylvania. They are the sole and joint owners of the claim presented by their petition in this cause and have made no assignment or transfer of any part thereof or interest therein.

II. On December 2, 1918, and for more than eight years prior thereto, the plaintiffs were jointly seized with the fee simple and equitable title and possession to and of certain lots and parcels of land situate, lying, and being in the city and county of Cape May, New Jersey, and particularly described as follows:

“ Lots numbered 6794, 6795, 6796, 6797, 6798, 6799, 6800, 6801, 6802, 7208, 7204, and 7205, located on New Jersey Avenue, and lots numbered 7178, 7179, and 7180, located on Beach Avenue, all in plan A of a subdivision of lots, blocks, and streets as laid out by the Cape May Real Estate Company, a corporation of New Jersey, and duly recorded in the office of the clerk of the county of Cape May, New Jersey, in plan book No. 1, pages 31 and 32.”

*300The plaintiffs acquired the aforesaid lots numbered 6794 to 6802, inclusive, including all rights appurtenant thereto, by deed of conveyance from the aforesaid Cape May Neal Estate Company, dated April 15, 1910, which was duly recorded in the office of the clerk of the county of Cape May, New Jersey, on June 3, 1910, in book 248 of deeds, page 463. The aforesaid lots numbered 7203, 7204, 7205, 7178, 7179, and 7180, including all rights appurtenant thereto, were acquired by the plaintiffs from the aforesaid Cape May Neal Estate Company by deed of conveyance dated May 10, 1909, which was duly recorded in the office of the clerk of the county of Cape May, New Jersey, on June 10, 1909, in book 243 of deeds, page 177. All of the aforesaid lots and parcels of land were a part of the premises acquired by the aforesaid grantor from Peter Shield^ and wife by their deed of conveyance dated May 4, 1903, which was duly recorded in the office of the clerk of the county of Cape May, New Jersey, in book 179 of deeds, pages 393 to 408, inclusive. The plaintiffs’ aforesaid 15 lots and parcels of land were each, in dimensions, about 40 feet in width by 125 to 150 feet in length.

III. Pursuant to the provisions of the act of Congress approved October 6,1917 (40 Stat., chap. 77, p. 344), entitled “An act to provide for the acquisition of an air station for the United States Navy,” as amended by act of Congress approved July 1, 1918 (40 Stat., chap. 114, pp. 704, 720-721, 738), the President of the United States, being therein authorized to take over and appropriate for the United States such lands as he deemed necessary for such air station, issued and published a proclamation dated December 2, 1918 (40 Stat. 1912-1914), by which he did take over and appropriate for the United States for such public use all of the right, title, possession, improvements, and other rights appurtenant thereto, in and to all of the lands located within the corporate limits of the city of Cape May, New Jersejq as were situate and lying east of the west line of Yale Avenue and bounded on the south by the Atlantic Ocean, on the east by Cold Spring Inlet, and on the north by Cold Spring Harbor, excepting lots numbered 7233, 7234, 7235, and 7236, then *301owned by the United States, all comprising about 349 acres of land. Whereupon the aforesaid premises, as described in the President’s proclamation aforesaid, were immediately reduced to the permanent control and possession of the United States, and at all times since have been exclusively used for a naval air station. A copy of the aforesaid proclamation, omitting its quotation of the provisions of the aforesaid acts of Congress, is attached as Exhibit A to the plaintiffs’ petition and is made a part of this finding by reference. The aforesaid area thus taken over by the United States embraced and included the plaintiffs’ aforesaid 15 lots and of land as described in Finding II.

IV. Pursuant to the provisions of the aforesaid act of Congress of July 1, 1918, the President of the United States, on August 10, 1921, acting through the Secretary of the Navy, determined the sum of $6,550 to be the amount of just compensation due from the United States to the plaintiffs for their aforesaid 15 lots and parcels of land. A notice of the President’s aforesaid award and determination of just compensation was delivered to the plaintiffs on or about September 8, 1921. Thereafter and on March 18, 1926, the plaintiffs notified the President that his said award of just compensation was unsatisfactory in amount, and thereupon demanded of the United States the immediate payment of a seventy-five per cent part thereof, or the sum of $4,912.50. No part of the aforesaid award of the President has been paid by the United States to the plaintiffs.

On March 26, 1926, Ursula S. Reilly and others filed their petition in this court (No. F-113) to recover additional compensation, and on April 15, 1926, filed their petition to recover 75 per cent of the amount- of said award. These two cases have been consolidated by order of court and heard as one.

V. On December 2, 1918, the fair and reasonable market value of the 15 lots and parcels of land, the same being the lots described in Finding II hereof, was the sum of $8,000.

The court decided that plaintiffs were entitled to recover $8,000 with interest from December 2, 1918, until paid.

*302Moss, Judge,

delivered the opinion of the court:

The only question for determination in this case is the fair and reasonable market value as of December 2, 1918, of the fifteen lots and parcels of land described in Finding II and taken by the Government on that date. The court has found this value to be $8,000.

Gkaham, *Judge;*Booth, *Judge;*and Campbell, *Chief*Justice, concur.