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UNITED STATES v. 7.41 ACRES

October 29, 1945

UNITED STATES
v.
7.41 ACRES OF LAND IN CITY AND COUNTY OF CAMDEN, N.J., et al.



The opinion of the court was delivered by: FORMAN

On November 2, 1942, a petition was filed in this court on behalf of the United States to condemn the premises described therein consisting of certain vacant acreage in the City of Camden, New Jersey, for the 'term of one year beginning on the day of the filing of this petition with the right to renew from year to year upon thirty days' notice.'

The petition was based upon the certificate of necessity of the United States Maritime Commission that the exclusive use and occupancy of the property in question was imperatively and immediately required by the exigencies of national defense to be used in connection with the construction of sea going vessels. It was alleged to be filed under authority of Title II of the Second War Powers Act, 1942, 50 U.S.C.A.Appendix, § 632; the Act of Congress known and described as Public Law 247, 77th Congress, approved August 25, 1941, 55 Stat. 669; and the Act of Congress known and described as Public Law 474, 77th Congress, approved March 5, 1942, 56 Stat. 128.

 On November 6, 1942, an order was made by this court which gave exclusive possession of the lands described in the petition to the United States.

 On July 29, 1943, a notice was given by the United States that on August 14, 1943, it would move to amend its petition in condemnation so that the term for which the land was acquired would terminate on June 30, 1944, and to substitute the Navy Department as the acquiring agency instead of the United States Marite Commission. The file in the case discloses that the United States Marshal served Eda J. Heaton with a copy of the notice on August 4, 1943, but his attempt to serve Ethel C. McGuirk, Florence Sablosky and Sadie Sablosky on August 3, 1943, failed because he was unable to find them in this district.

 On August 14, 1943, an order was entered by this court amending the petition of November 2, 1942 in accordance with the foregoing application.

 On August 1, 1944, the United States filed another notice that it had elected to extend its occupancy to December 31, 1944.

 On October 27, 1944, the City of Camden filed a petition in which it set out in detail that it was the holder of two tax certificates covering the lands in question and that there were taxes due to it in the sums stated therein. It further alleged that pursuant to Chapter 54, New Jersey Laws of 1942, as amended by Chapter 144, New Jersey Laws of 1943, N.J.S.A. Title 54:5-53.1; the City of Camden was entitled to the immediate possession of the lands acquired by the United States in these proceedings and to all the rents and profits thereof.

 On November 20, 1944, the United States gave notice that it would apply to the court for the appointment of condemnation commissioners to fix an award of reasonable compensation for the property for the term for which it had acquired it. The notice was addressed to the following: Genevieve Adelaide Bennett, William Collins French, Jr., Theodore T. French, Caroline Elizabeth Bowen, Florence Howard Loveland, Woodrow Wilson French, Ethel C. McGuirk, Florence Sablosky, Sadie Sablosky, Eda J. Heaton, the State of New Jersey, Henry Sherman and Benjamin Sleeper trading as Sherman & Sleeper, and the City of Camden.

 Service of the notice was made upon all parties in interest except Ethel C. McGuirk, Florence Sablosky and Sadie Sablosky. The notice of the application was also advertised.

 On January 9, 1945, the United States filed notice that it again elected to extend the term of its occupancy for a further period to terminate June 30, 1945.

 Condemnation commissioners were appointed and awarded the sum of $ 19,100 as just compensation for the period from November 6, 1942, to June 30, 1945, upon a monthly rental of $ 600. This award was affirmed by the court on June 22, 1945. The sum of $ 19,100 was deposited in the registry of this court on July 16, 1945.

 No controversy arises concerning the adequacy of the award for practically all of the interested parties have indicated by stipulation or letter that the sum mentioned above was satisfactory.

 On July 27, 1945, the City of Camden filed a second petition reiterating that it was the holder of two tax certificates of tax sales covering the premises in question, both of which were duly recorded. It also set forth a statement of taxes due to it totalling in the aggregate the sum of $ 75,028.93 to June 30, 1945. Upon this petition an order was made directing that cause be shown why the sum of money deposited in the registry of the court ...


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