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Federal court hears claims of displaced Ky. landowners

Thu, Aug 21st 2008 12:00 am
By BRETT BARROUQUERE
Associated Press

LOUISVILLE, Ky. - A federal court in Washington heard arguments Tuesday from a group of Kentucky landowners who claim that they deserve more compensation for land that was taken from them to build a World War II-era military base.

About 50 members of the Breckenridge Land Committee, comprising heirs of the former landowners, went to Washington for the hearing before a three-judge panel of the U.S. Court of Federal Claims.

The panel heard arguments from attorneys for the committee and the U.S. government, which has argued that the landowners have already been fairly compensated.

The landowners began the long-running case by suing the federal government in the 1960s. More than 1,000 heirs of former landowners of 36,000 acres in Union, Webster and Henderson counties have been involved.

In 2004, Hon. Susan Braden of the U.S. Court of Federal Claims issued a preliminary award of $32.5 million - roughly the profits that the government made off selling the mineral rights to the land that became Camp Breckenridge.

But now the committee wants to expand the pool of eligible landowners and boost the amount to account for interest.

"We're still fighting," 82-year-old Ruby Higginson, a charter member of the group, said last week as the group prepared to depart Evansville, Ind., for the trip to Washington.

In legal briefs, the government said that the landowners' claims aren't factually supported and that all received some kind of compensation for their property, either through an eminent-domain proceeding or a negotiated sale.

The three-judge panel will review Braden's recommended settlement and the arguments from both sides before sending a report to Congress, which then would have to authorize payment if one is recommended.

"We're very happy we got this far," said Bernie Wathen of Evansville, Ind., whose family was ordered off 150 acres of farmland in 1942. "We've been knocked down a few times, but we never gave up."

Many of the heirs to the former landowners have similar stories: Government agents arrived on their doorsteps in 1942 or early 1943 with notices that their property was being taken and they had a short time to leave. Many were farmers who sold furniture, equipment, winter supplies and livestock while scrambling for a place to live.

"It was a very rough time," said Higginson, whose family gave up 830 acres. "That was heartbreaking."

With that backdrop, possibly splitting up $32.5 million feels like a win, albeit an incomplete one to some.

"We ought to get more than that," said 83-year-old William Griggs, whose grandparents were forced off their land in 1942. "But if we get that much, we're fortunate."

Finally winning and receiving a check from the government would likely end the work of the Breckenridge Land Committee, Higginson said.

"I don't know what I'll do with the third Friday of every month," he said. "I've been doing this for so long."