Free Memorandum - District Court of Federal Claims - federal

Case 1:93-cg-00648-SGB

Document 251-9

Filed 07/17/2008

Page 1 of 6

Affidavits cited to support finding that parties mistakenly believed that there were no minerals underlying the Breckinridge Properties. Land Grantors I, n.44

Exhibit

Date

Affiant

Mineral Information

Tract

Unique Concerns

1

CX-126

3/29/1979 T.J. Tapp

"Mr. Jeff Tapp had a producing oil well at this time," and had received income from the well. Says oil rights were leased in 1942; no pumping oil wells were near the farm in 1942; owner did have pumping oil wells at the time of evacuation in 1942. E-656

It is unclear who signed this document. States that T.J. Tapp was the owner in 1942 and affidavit is signed "T.J. Tapp," but the affidavit refers to T.J. Tapp in the third person. Document references "attached copies" of family's experience of land condemnation, but there is no attachment. "John B. Wathan" does not appear as a former owner. Price paid was actually $95.48 and $255.10 per acre for the two tracts, not $70-90 as stated in the affidavit.

2

CX-133

Bernard L. Wathen, James ??? Says oil rights were leased before 1942; did not own pumping oil (and wells in 1942; there were pumping oil wells located near the farm in A-9 and possibly 1942 A-10 3/1/1979 others)

3

CX-147

Ruth G. 2/15/1979 Henshaw

"No consideration was given them for their mineral rights."

unclear

CX-146, CX-147 and CX-213 are identical. The same property is apparently discussed in CX-146, CX147, CX-148, CX-149, CX-151, and CX-152. The same property is apparently discussed in CX-146, CX-147, CX-148, CX-149, CX-151, and CX-152. See concerns above about CX-146 and CX-147. Although this affiant states there were pumping oil wells near the farm in 1942, the affiant for CX-151 says there was not. This is the same property discussed in CX-146, CX147, CX-148, and CX-149. See concerns above about CX-146 and CX-147. Although this affiant states there were no pumping oil wells near the farm in 1942, the affiant for CX-149 says there were.

4

CX-149

Benny 2/15/1979 Griggs

Says oil rights were leased before 1942; did not own pumping oil wells in 1942; pumping oil wells were located near the farm in 1942 unclear

5

CX-151

6

CX-153

Says oil rights were leased in 1942; did not own pumping oil wells 3/12/1979 T.C. Griggs in 1942; there were no pumping oil wells near the farm in 1942 unclear Says oil rights were leased in 1942; did not own pumping oil wells in 1942; does not state whether there were pumping oil wells near Russell the farm in 1942. E-72 3/27/1979 Babb Russell 8/17/1979 Holeman Says oil rights were not leased in 1942; did not own pumping oil wells in 1942; pumping oil wells were located near the farm in 1942 E-12

7

CX-155

States that "I was a minor at the time."

Attachment H to United States' Opening Brief

Case 1:93-cg-00648-SGB

Document 251-9

Filed 07/17/2008

Page 2 of 6

Affidavits cited to support finding that parties mistakenly believed that there were no minerals underlying the Breckinridge Properties. Land Grantors I, n.44

Exhibit

8

CX-157

Mineral Information Tract Says oil rights were leased in 1942; did not have pumping oil wells at the time of the evacuation in 1942; there were pumping oil wells unclear 2/16/1979 Edna Lynn near the farm in 1942

Date

Affiant

Unique Concerns

9

CX-163

Donald L. 3/15/1979 Bullock

Says oil rights were not leased in 1942; did not own pumping oil wells in 1942; were no pumping oil wells near the farm in 1942.

E-169

Signature says it is "Mrs. Lillie P. Bullock By Donald L. Bullock (Son)." Contrary to the affiant's statement, the oil rights were leased in 1942.

10

CX-167

Clifton E. 9/21/1978 Blue

"We were told we would get the mineral rights back also, the government had no use for the minerals." "At this time an oil well was in progress being drilled about one mile from this track of land. My land was leased with an oil company, but the government took money from my land payment and paid the oil company back the money they paid me for the lease. The oil company did not lose anything, only the land owner lost." E-196

11

3/15/79 for two affidavits; undated for four Ruth S. CX-168 affidavits Russell Jessie Russell 2/16/1979 Wood

There are 6 different affidavits, signed by the same person (Ruth S. Russell). Four affidavits state the oil rights were leased, one says it was not, and one is blank; five affidavits state the owner did not have pumping oil wells at the time of evacuation in 1942 and one is blank; five affidavits state there were pumping oil wells near the farm in 1942 and one states there were no nearby oil wells.

E-198, E36, E342, E341

There are 6 different affidavits, signed by the same person (Ruth S. Russell). The first two are in a different handwriting than the last four. Three of the four tracts had leased their mineral rights before 1942 (E-198, E-36, E-241). Sale information in narrative is not correct. The date the narrative was signed is different than the date at the top of the document. A portion of the affidavit is cut off. The affiant does not identify the "man in the office." The affidavit appears to have two different handwritings.

12

CX-169

Says oil rights were leased before 1942 and that pumping oil wells were located near the farm in 1942. Says government did not pay for mineral rights. unclear

13

CX-170

Says oil rights were leased before 1942; did not own pumping oil wells in 1942; did not know whether there were pumping oil wells 3/9/1982 Elvis Stone near the farm in 1942 Stanley 3/19/1979 Nelson

E-210

14

CX-172

Says oil rights were not leased before 1942; did not own pumping oil wells in 1942; there were no pumping oil wells near the farm in E-212 1942 (unclear)

Attachment H to United States' Opening Brief

Case 1:93-cg-00648-SGB

Document 251-9

Filed 07/17/2008

Page 3 of 6

Affidavits cited to support finding that parties mistakenly believed that there were no minerals underlying the Breckinridge Properties. Land Grantors I, n.44

Exhibit

Date

Affiant

Mineral Information Says oil rights were leased before 1942; the owner did not have pumping oil wells at the time of evacuation in 1942; pumping oil wells were located near the farm in 1942. Says government took our mineral rights and didn't pay us a cent for it. Narrative says that war was bought at a "time oil companies were test drilling for oil through out the area."

Tract

Unique Concerns

15

CX-173

Hassie Tilley 2/16/1979 Adamson

E-231 and E215 (unclear)

16

CX-178

Says oil rights were leased before 1942; owner did not have Lillie White pumping wells at the time of evacuation in 1942; no pumping oil 5/21/1979 Riggs Freer wells near the farm in 1942

unclear

Signature is not notarized.

17

CX-180

Says oil rights were leased before 1942; owner did not have Mr. and Mrs. Payton pumping oil wells at the time of evacuation in 1942; no pumping oil wells near the farm in 1942. E-339 3/13/1979 Puryear

This is the same tract as CX-179. Description of the property is different than that in CX-179. Two affidavits are included for the same property, apparently signed by the same person. The affidavits have contradictory information. The affidavits are notarized by different notary publics, apparently on different dates. This is the same tract as CX-183. In contrast to the affidavits, the minerals on E-34 were leased to a third-party oil company. This is the same tract as CX-182. In contrast to the affidavit, the minerals on E-34 were leased to a thirdparty oil company. Affiant says "As I was married and living away from home and raising a family I do not know the details of the land condemnation."

18

There are two affidavits, apparently signed by the same person. The first affidavit says oil rights were not leased before 1942; owner did not own pumping oil wells in 1942; there were no pumping oil wells near the farm in 1942. The second affidavit says oil rights were not leased before 1942; owner did not own pumping Mrs. Joe 2/6/1979 (Caroline) oil wells in 1942; but there were pumping oil wells near the farm in E-34 CX-182 and undated Greenwell) 1942. Says oil rights were not leased before 1942; did not own pumping oil wells in 1942; there were no pumping oil wells near the farm in 1942 E-34 Says oil rights were leased before 1942; owner did not own pumping oil wells in 1942; there were no pumping oil wells near the farm in 1942. unclear

19

CX-183

Robert 2/13/1979 Greenwell Mary L. Spencer 2/13/1979 Caton

20

CX-185

Attachment H to United States' Opening Brief

Case 1:93-cg-00648-SGB

Document 251-9

Filed 07/17/2008

Page 4 of 6

Affidavits cited to support finding that parties mistakenly believed that there were no minerals underlying the Breckinridge Properties. Land Grantors I, n.44

Exhibit

Date

Affiant

Mineral Information

Tract

Unique Concerns

21

CX-190

Charles Gibson, Charlie Gibson, Mildred Bridwell, Irene G. 3/2/1979 Jones

No information about leasing of oil rights; owner did not have pumping oil wells at the time of evacuation in 1942; there were pumping oil wells near the farm in 1942.

E-624

There are four signatures on the affidavit, and there is no notary public stamp

22

CX-196

Vendeline 3/15/1979 Nelson

Says oil rights were not leased in 1942; no information about whether the owner owned pumping oil wells in 1942 or whether there was pumping oil wells near the farm in 1942. Says oil rights were leased before 1942; owner did not have pumping oil wells at the time of evacuation in 1942; pumping oil wells were located near the farm in 1942 Says oil rights were leased before 1942; owner did not have pumping oil wells at the time of evacuation in 1942; pumping oil wells were not located near the farm in 1942. States that "There had been a test oil well drilled on our property just shortly before the Government took over. Gulf Oil Co. had our lease."

E-674, E684, E- Affiant is notary public for many affidavits. In contrast to the affidavit, the minerals on all three 685 (unclear) tracts were leased before 1942.

23

CX-197

Jewell 3/6/1979 Duncan

E-679

24

CX-198

5/29/1979 Pullum

E-695

25

CX-206

Prudy 5/21/1979 Oglesby

Says oil rights were leased before 1942; owner did not have pumping oil wells at the time of evacuation in 1942; there were no pumping oil wells near the farm in 1942. E-99 No information about whether oil rights were leased before 1942 or whether owner owned pumping oil wells in 1942. Underlined "No" next to "Were pumping oil wells located near your farm in 1942?" States "They paid us nothing for mineral rights." A-30 Says that GSA bought the land from the original owners. The affiant stated that the land was eventually sold "to governments officials wives," a patently false statement.

26

CX-210

Billy J. 2/12/1979 Timmons

Attachment H to United States' Opening Brief

Case 1:93-cg-00648-SGB

Document 251-9

Filed 07/17/2008

Page 5 of 6

Affidavits cited to support finding that parties mistakenly believed that there were no minerals underlying the Breckinridge Properties. Land Grantors I, n.44

Exhibit

Date

Affiant

Mineral Information

Tract

Unique Concerns

27

G.W. CX-211 10/20/1978 Cambron Anne Luckett Cambron 2/6/1979 ???

"At the time of the acquisition of his father's property the affiant was aware of an oil well producing on the Waller Young property which was approximately 1 mile south of his father's property." Oil rights on father's property had been leased to an oil company at the time it was taken. Says that father tried to reserve the mineral rights, but that the agent refused, saying "we will have to have this land from heaven to hell." B-39

Says that father tried to reserve the mineral rights, but that the agent refused, saying "we will have to have this land from heaven to hell." Same tract as CX-212 and CX-218.

28

CX-212

Says oil rights were leased before 1942; did not own pumping oil wells in 1942; there were oil wells located near the farm in 1942.

B-39

Same tract as CX-211 and CX-218.

29

CX-213

Elizabeth J. 3/16/1979 Stegar "No consideration was given them for their mineral rights."

E-117; E- CX-146, CX-147 and CX-213 contain an identical 115 narrative. This is the same tract as CX-216.

30

Says oil rights were not leased before 1942; did not own pumping Samuel W. oil wells in 1942; there were no pumping oil wells near the farm in E-117; E- This is the same tract as CX-213. States "I was not at 1942 115 home but in College. They related story to me." CX-216 11/16/1979 Steger Says oil rights were not leased before 1942; did not own pumping oil wells in 1942; there were no pumping oil wells near the farm in 1942. Also says "The Oil Company was sizagraphing for oil at the time the rumors were about us having to move. There was a block of land consisting of 4 farms including this one the oil co. wanted to Annie Miller Day lease and drill on in 90 days. The oil co. would not talk to us after E-39 and they found out the government might take the land." E-40 Same tract as CX-211 and CX-212. 5/21/1979 Jenkins The text of the affidavit is nearly identical to CX-220 (which the Hearing Officer does not reference), signed by a different affiant on a different day. The language regarding mineral payments is nearly identical in CX-220. The date of the document is February 26, 1979, but it was apparently signed on March 7, 1979.

31

CX-218

32

CX-219

Henry V. Clements, 3/7/1979 Jr.

States they were paid "nothing for the oil and coal rights. This land had an oil lease on it at this time. The government took the amount of money that had been paid on the oil lease from the sale price of the land, and this amount of money was paid back to the oil company." unclear

Attachment H to United States' Opening Brief

Case 1:93-cg-00648-SGB

Document 251-9

Filed 07/17/2008

Page 6 of 6

Affidavits cited to support finding that parties mistakenly believed that there were no minerals underlying the Breckinridge Properties. Land Grantors I, n.44

Exhibit

Date

Affiant

Mineral Information

Tract

Unique Concerns

33

CX-221

Apparently signed by two affiants. Includes two different handwritings. Not notarized, but the notary's name is on the document. Appears that notary public wrote information on the second page: "Drill well pronounced dry hole 1941. Now - most productive E-619 Charles field. Ashland." The allegation about repurchase and ERussell and Says oil rights were leased before 1942; the owner did not have promises is in a different handwriting than the rest of pumping oil wells at the time of evacuation in 1942; there were oil 653 June R. (unclear) the affidavit. wells located near the farm in 1942. 1/29/1979 Crowly No information about whether oil rights were leased in 1942; says that there was a pumping oil well approximately one mile from property in 1942; owner did not have pumping oil wells at the time of evacuation in 1942. E-623 Says oil rights were not leased before 1942; did not own pumping oil wells in 1942; there were no pumping oil wells near the farm in 1942 E-635 Says oil rights were not leased before 1942; did not own pumping oil wells in 1942; there were no pumping oil wells near the farm in 1942 E-637 Contrary to affidavit, the mineral rights were leased before 1942.

34

CX-223

Helburn 2/2/1979 Tapp Helen 5/21/1979 Whitledge

35

CX-226

36

CX-227

Lorene 2/5/1979 Straker

Contrary to affidavit, the mineral rights were leased before 1942.

37

CX-228

Odessa Duncan 7/16/1979 Watson

Says oil rights were leased before 1942; did not own pumping oil wells in 1942; there were oil wells located near the farm in 1942.

E-642, E654 Not notarized. The affidavit refers to the affiant in (unclear) the third person.

38

CX-230

5/21/79

J.A. Tapp

Says oil rights were leased before 1942; owner did not own pumping oil wells in 1942; there were no pumping oil wells near the farm in 1942. E-668

Not notarized. Signature appears on a separate page from the notarized date. The name "Frederick Williams" does not appear in any of the Acquisition Documents. Mr. Williams does not identify any particular landowner with whom he might have had contact, or whether he was speaking about the 1944 Act.

39

CX-123

4/4/79

Frederick Williams

States that he was a former government employee who was "instructed by his superiors not to consider any value for the minerals underlying the said property . . . ."

none

Attachment H to United States' Opening Brief