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Pye v. Department of Transp. of Ga.

Citation: 5 ELR 20455
No. No. 74-3705, 513 F.2d 290/7 ERC 2006/(5th Cir., 05/23/1975)

NEPA makes no provision for awarding damages or restitution to a private party. A landowner therefore cannot recover such compensation under the statute for state condemnation of 0.4 acres of his land for use in a planned federally-funded highway project. The court also rules that when a state court has decided the question of the legality of land condemnation, consideration of later trespasses is barred in federal court proceedings by the federal law of res judicata.

Counsel for Plaintiffs
Tom Pye
Lewis M. Groover, Jr.
120 Linden Ave. NE
Atlanta, Ga. 30308

Counsel for Defendants
E. Lewis Hansen
2400 Gaslight Tower
Atlanta, Ga. 30303

William B. Brown
310 Fulton Federal Building
Atlanta, Ga. 30303

Arthur K. Bolton Attorney General
132 State Judicial Building
40 Capitol Square
Atlanta, Ga. 30303

Robert E. Whitely
228 50 National Bank of Georgia Building
Atlanta, Ga. 30303