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July 23, 1952

Dear Mr. Overland:

It was a pleasure to meet you on my recent visit to Sandpoint and to receive your views concerning the acquisition of a portion of your land identified as Tract G-705 for use in connection with the Albeni Falls Dam Project. I have given the matter my personal attention and have obtained additional information from the District Engineer, Seattle District, concerning the need for your land and the care exercised in appraising its value.

It is a well established policy in projects of this nature involving the construction of a dam to provide for adequate operational and public access to the reservoir. It is considered necessary in the furtherance of this policy that, at intervals along the shore of the reservoir created by the construction of the Albeni Falls Dam, certain tracts be acquired in fee for this purpose. The parcel of land being acquired from you, due to its favorable location, is particularly well adapted for such development, and I feel that the best interest of the public is being served by its purchase.

You are, of course, aware that the reservoir is being flooded following the Spring runoff. For this reason immediate possession of Tract G-705 is necessary, and, since no agreement with you as to the price to be paid for the land has been reached, a condemnation action will be initiated and declaration of taking filed in the Federal Court for the District of Idaho. In this respect I would like to point out that a condemnation action is the most satisfactory method of arriving at the amount of the compensation to be paid in an acquisition such as this where no agreement can be reached through negotiations, since the owner is given opportunity to present his evidence of value to a fair and impartial jury.

The full amount of the appraised value of your property will be deposited into the registry of the court at the time the declaration of taking is filed. The court may, upon your request, permit the withdrawal of up to 30% of this amount prior to the trial. If you should desire to withdraw any part of the deposit, your request therefor should be submitted to Mr. John A. Carver, United States Attorney, District of Idaho, Boise, Idaho, after you have been notified that the declaration of taking has been filed.

I am pleased to inform you that, pursuant to a recent Act of Congress, effective July 14, 1952, you will be entitled to reimbursement for the actual expenses of moving your family and possessions where such moving is a direct result of the acquisition of this tract, provided these expenses do not exceed 25% of the appraised value of the property acquired. This reimbursement will be in addition to the price paid you for the land and improvements. A questionnaire and other forms necessary for obtaining this reimbursement will be furnished you by the District Engineer's Office in the near future.

You have expressed concern as to how long you may remain on the premises after a declaration of taking is filed. Present plans for development of access areas indicate that actual possession of the improvements on Tract G-705 will not be required until next Spring. It is contemplated that the court will permit withdrawal of a major portion of the deposit and that you will be able to make the necessary adjustments prior to the need for the buildings. In any case a reasonable time will be allowed for vacation after notification of the need for possession.

If you should wish to continue negotiations for a settlement prior to going to trail in the condemnation proceedings, I suggest that you so inform the District Engineer's representative in the field office at Sandpoint, or you may negotiate directly with Mr. John Carver at Boise, representing the Department of Justice.

Please feel free to write me if there are any matters in connection with this acquisition on which you are not clear.

Very truly yours,

E.C. Itschner
Colonel, Corps of Engineers
Division Engineer

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