Free Memorandum - District Court of Federal Claims - federal

Case 1:93-cg-00648-SGB

Document 251-5

Filed 07/17/2008

Page 1 of 14

Affidavits cited to support finding "many of the landowners entered into Contracts with . . . the apparent understanding that they could repurchase their properties after World War II was concluded." Land Grantors I, n.36
Exhibit Date Affiant Statement Tract Method Unique Concerns

1

CX-126

3/29/1979 T.J. Tapp

In response to question "Did the government say you could purchase your farm back after the war, having first chance?" answered "Yes" and stated "At this time the Government requested the oil company to cap the oil well and told Mr. Tapp that when they were through with the land, that the land owners would be allowed to get their land back as the government had no need for the oil well during the war." E-656

Purchased

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. Wathen" does not appear as a former owner. Price paid was actually $95.48 and $225.10 per acre for the two tracts, not $70-90 per acre as stated in the affidavit. Several people have signed this affidavit.

2

CX-133

In response to question "Did a government agent tell you or a member of your family that the original landowners would be given the first option to repurchase the land after the Bernard L. camp was declared surplus property?," Wathen, answered "We (children) repeatedly James L. overheard from our father (J.B. Wathen) and (and his brother J.A. Wathen that they would have possibly the first option to buy back the land when the A-9 or A3/1/1979 others) war (W.W.2) was over." 10 condemned "That the affiant was present and hear government agents state to his father, W.T. Payne, that after he had sold the property to the government for the army camp that after the war he would be allowed a chance to buy H.D. Payne, the property back at close to the price paid for 3/6/1979 Sr. it by the government." B-30

3

CX-141

Date of signature is marked through (like CX-142), although different dates condemned and different notaries are used

Attachment D to United States' Opening Brief

Case 1:93-cg-00648-SGB

Document 251-5

Filed 07/17/2008

Page 2 of 14

Affidavits cited to support finding "many of the landowners entered into Contracts with . . . the apparent understanding that they could repurchase their properties after World War II was concluded." Land Grantors I, n.36
Exhibit Date Affiant Statement Tract Method Unique Concerns Date of signature is marked through (like CX-141), although different dates and different notaries are used. The affidavit is written in the third person, but apparently is a former owner.

4

CX-142

Benton 3/12/1979 O'Nan

"They were told . . . that when the land was no longer needed as an army camp, that they would have the first option to repurchase the land from the government at [the sales price]." unclear In response to question "Did a government agent tell you or a member of your family that the original landowners would be given the first option to repurchase the land after the camp was declared surplus property?," answered "Yes. We were told that we would get our land back in five years, also said we might get it back cheaper than we got" C-3 In response to question "Did a government agent give an oral promise that you would be given the first option to repurchase your farm after the war was over?" Answered "Yes. The promise that it would be sold back to original owner." unclear

unclear

5

CX-143

Albert 2/4/1979 Martin ??? E. Griggs Brooks and John L. 2/23/1979 Brooks Jr.

condemned Portion of the affidavit is cut off

6

CX-144

unclear Hearing Officer does not cite CX-146, which contains a narrative that is identical to CX-147 and CX-213. CX146 and CX-147 were signed on the same day. The same property is apparently discussed in CX-146, CX147, CX-148, CX-149, CX-151, and CX152.

7

CX-147

Ruth G. 2/15/1979 Henshaw

"[T]hey were promised they could buy this land back when the war was over and Camp Breckinridge was no longer needed."

unclear

unclear

Attachment D to United States' Opening Brief

Case 1:93-cg-00648-SGB

Document 251-5

Filed 07/17/2008

Page 3 of 14

Affidavits cited to support finding "many of the landowners entered into Contracts with . . . the apparent understanding that they could repurchase their properties after World War II was concluded." Land Grantors I, n.36
Exhibit Date Affiant Statement Tract Method Unique Concerns

8

CX-148

Gerald 3/8/1979 Griggs

"[T]hey were promised they could buy this land back when the war ended and Camp Breckinridge was no longer needed." "After war, landowner was to be given first chance to purchase land at a reasonable price." "Promises were made that the land could be repurchased after the war was over and consequently, they should go without complaint." CX-152 at (unnumbered) 2.

unclear

unclear

9

CX-149

Benny 2/15/1979 Griggs

unclear

unclear

The same property is apparently the same property discussed in CX-146, CX147, CX-148, CX-149, CX-151, and CX152. The same property is apparently the same property discussed in CX-146, CX147, CX-148, CX-149, CX-151, and CX152. Signed after lawsuit had been initiated. The same property is apparently discussed in CX-146, CX-147, CX-148, CX-149, CX-151, and CX-152.

10 CX-152

Clara Evelyn 11/7/1994 Griggs

unclear

unclear

11 CX-155

Russell 8/17/1979 Holeman

In response to question "Did a government agent tell you or a member of your family that the original landowners would be given the first option to repurchase the land after the camp was declared surplus property?", answered "Yes, it was second hand information as I was a minor at the time." E-12

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

Attachment D to United States' Opening Brief

Case 1:93-cg-00648-SGB

Document 251-5

Filed 07/17/2008

Page 4 of 14

Affidavits cited to support finding "many of the landowners entered into Contracts with . . . the apparent understanding that they could repurchase their properties after World War II was concluded." Land Grantors I, n.36
Exhibit Date Affiant Statement Tract Method Unique Concerns

12 CX-163

Donald L. 3/15/1979 Bullock

In response to the question "Did a government agent tell you or a member of your family that the original landowners would be given the first option to repurchase the land after the camp was declared surplus property?, answered "We were told by our father that he was told he would be given first chance at buying property back." E-169

Signature says it is "Mrs. Lillie P. Bullock By Donald L. Bullock (Son)." Contrary to the affiant's statement, the condemned oil rights were leased in 1942. Two names appear on the signature line and the name is crossed out in the typed portion. Blanks in affidavit are not filled in.

13 CX-164

"The government agents informed them that Mrs. N. O. they would have the first option to repurchase 3/3/1979 Denton the land after the war ended." unclear "We were told when the war was over we would get our land back at the same price paid less damages."

unclear

14 CX-167

Clifton E. 9/21/1978 Blue

E-196

condemned

Attachment D to United States' Opening Brief

Case 1:93-cg-00648-SGB

Document 251-5

Filed 07/17/2008

Page 5 of 14

Affidavits cited to support finding "many of the landowners entered into Contracts with . . . the apparent understanding that they could repurchase their properties after World War II was concluded." Land Grantors I, n.36
Exhibit Date Affiant Statement Tract Method Unique Concerns

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

CX-168 includes six different affidavits, apparently signed by the same person (Ruth S. Russell). The first two affidavits are in a different handwriting than the last four. The first, second, and fifth affidavits state only "Yes" in response to question "Did the government say you could purchase your farm back after the war, having first chance?" The third and sixth affidavit responds "Mr. Pete West told my father that he would get his farm back after the war so there was never a price put on the oil and gas lease." The fifth affidavit responds "Unknown" to the question "Did a government agent tell you or a member of your family that the original landowners would be given the first option to repurchase the land after the camp was declared surplus property?"

There are 6 different affidavits, signed by the same person (Ruth S. Russell). E-198, EThe first two are in a different 36, Ehandwriting than the last four. Three of 342, Ethe four tracts had leased their mineral 341 condemned 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 Condemned top of the document.

16 CX-169

"They also promised we could have our land back after the war." CX-169 at 1. unclear

Attachment D to United States' Opening Brief

Case 1:93-cg-00648-SGB

Document 251-5

Filed 07/17/2008

Page 6 of 14

Affidavits cited to support finding "many of the landowners entered into Contracts with . . . the apparent understanding that they could repurchase their properties after World War II was concluded." Land Grantors I, n.36
Exhibit Date Affiant Statement Tract Method Unique Concerns

17 CX-170

3/9/1982

18 CX-172

3/15/1979

19 CX-173

2/14/1979

20 CX-178

5/21/1979

In response to question "Did a government agent tell you or a member of your family that the original landowners would be given the first option to repurchase the land after the camp was declared surplus property?" responded "The man in the office told me that Ernest when the war was over and the camp was (Elvis) longer needed we could have the land back at Stone a fair price, we was ??? It back at any price." E-210 In response to question "Did the government say you could purchase your farm back after Stanley the war, having first chance?", answered E-212 Nelson "Yes." (unclear) "We were verbally promised our farm back E-231 Hassie when the government was through with it, but and ETilley we never got the chance to even buy it back 215 Adamson several years later." (unclear) In response to question "Did the government say you could purchase your farm back after Lillie White the war, having first chance?", answered Riggs Freer "Yes." unclear

A portion of the affidavit is cut off. The affiant does not identify the "man in the office." The affidavit appears to have Condemned two different handwritings.

Condemned

Condemned

Condemned Signature is not notarized.

Attachment D to United States' Opening Brief

Case 1:93-cg-00648-SGB

Document 251-5

Filed 07/17/2008

Page 7 of 14

Affidavits cited to support finding "many of the landowners entered into Contracts with . . . the apparent understanding that they could repurchase their properties after World War II was concluded." Land Grantors I, n.36
Exhibit Statement Tract In response to question "Did a government agent tell you or a member of your family that the original landowners would be given the first option to repurchase the land after the camp was declared surplus property," answered "My father (Payton Puryear) said the agent (whose name we don't recall) told Polly him we should accept the Gov's offer of $119 Puryear an acre and they would receive first option to undated Brown buy the land back." E-339 In response to question "Did the government Mr. and say you could purchase your farm back after Mrs. Payton the war, having first chance?", answered 3/13/1979 Puryear "Yes." E-339 Date Affiant Method Unique Concerns

21 CX-179

Signature is on "Notary Public Line," without a date. CX-179 at 1. Affiant states that she was 10 years old at the time of acquisition. Id. This is the same tract as CX-180. Description of the property is different than that in CXcondemned 180. This is the same tract as CX-179. condemned Description of the property is different (Trial) than that in CX-179. Two affidavits are included for the same property. The affidavits have contradictory information, although they are apparently signed by the same person. 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 Condemned third-party oil company.

22 CX-180

In response to question "Did a government agent tell you or a member of your family that the original landowners would be given the first option to repurchase the land after the camp was declared surplus property?, responded "They said we could have it back Mrs. Joe after the war was over or at least in twenty 2/6/1979 (Caroline) years for what they gave us less 23 CX-182 and undated Greenwell) depreciation." E-34

Attachment D to United States' Opening Brief

Case 1:93-cg-00648-SGB

Document 251-5

Filed 07/17/2008

Page 8 of 14

Affidavits cited to support finding "many of the landowners entered into Contracts with . . . the apparent understanding that they could repurchase their properties after World War II was concluded." Land Grantors I, n.36
Exhibit Date Affiant Statement Tract Method Unique Concerns

24 CX-183

Robert 2/13/1979 Greenwell

In response to question "Did a government agent tell you or a member of your family that the original landowners would be given the first option to repurchase the land after the camp was declared surplus property?, responded "We were told we could repurchase the land at purchase price minus depreciation." E-34 In response to question "Did a government agent tell you or a member of your family that the original landowners would be given the first option to repurchase the land after the camp was declared surplus property?, responded "Yes, my father was told he would have first option to repurchase the land." unclear

This is the same tract as CX-182. In contrast to the affidavit, the minerals on E-34 were leased to a third-party oil Condemned company.

25 CX-185

26 CX-190

Mary L. Spencer 2/13/1979 Caton Charles Gibson, Charlie Gibson, Mildred Bridwell, Irene G. 3/2/1979 Jones

unclear

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."

27 CX-196

Vendeline 3/15/1979 Nelson

In response to question "Did the government say you could purchase your farm back after the war, having first chance?", answered "Yes." In response to question "Did the government say you could purchase your farm back after the war, having first chance?", answered "Yes."

There are four signatures on the condemned affidavit, and there is no notary public E-624 (Trial) stamp E-674, EAffiant is notary public for many 684, Eaffidavits. In contrast to the affidavit, 685 the minerals on all three tracts were (unclear) Condemned leased before 1942.

Attachment D to United States' Opening Brief

Case 1:93-cg-00648-SGB

Document 251-5

Filed 07/17/2008

Page 9 of 14

Affidavits cited to support finding "many of the landowners entered into Contracts with . . . the apparent understanding that they could repurchase their properties after World War II was concluded." Land Grantors I, n.36
Exhibit Date Affiant Statement Tract Method Unique Concerns

28 CX-197

Jewell 3/6/1979 Duncan

"The government appraisers told us that after the war when the camp was no longer needed we would have first chance to purchase our farm." E-679

Condemned Affiant says "Since I was only eight years old at the time Camp Breckinridge was planned, my knowledge of the negotiations on our farm is sketchy." CX-202 at 1. Affiant is listed as heir for CX-203.

Mary Catherine Bell 29 CX-202 10/11/1979 Reynolds

"[M]y mother often told me that the government buyers had assured her that the farm would only be used for the duration of the war, ?? [T]he government had no further use for the land and that it would re?? To us E-203 at the close of the war." (unclear) Condemned

30 CX-203

Blanch B. 2/9/1979 Banks

In response to question "did a government agent tell you or a member of your family that the original landowners would be given the first option to repurchase the land after the camp was declared surplus property?," responded "Men from Corp. of Engineers said she would have the first bid to buy back the two (2) Farms at which time the Government did not need it. Also, the stated that if [anyone] else got more money she E-83 Lists Mary Catherine Bell Reynolds would also, which she didn't." (unclear) Condemned (affiant for CX-202) as also an heir. "My father, Thomas Woodring, told me that he was told by the government agent that he would be able to repurchase the farm after the camp was declared surplus." E-85

31 CX-204

Joseph H. 3/1/1979 Woodring

Condemned

Attachment D to United States' Opening Brief

Case 1:93-cg-00648-SGB

Document 251-5

Filed 07/17/2008

Page 10 of 14

Affidavits cited to support finding "many of the landowners entered into Contracts with . . . the apparent understanding that they could repurchase their properties after World War II was concluded." Land Grantors I, n.36
Exhibit Date Affiant Statement Tract Method Unique Concerns

32 CX-205

Lloyd H. 3/2/1979 Woodring

"Pete West, a friend of Dad, said 'you or your heirs will get the first chance to buy the land back at the same price less the damages. The government will only operate the camp four to six years.' My dad said that he would not be interested in the farm and I said that I would buy the farm to build a motel. . . ." E-86 In response to question "did a government agent tell you or a member of your family that the original landowners would be given the first option to repurchase the land after the camp was declared surplus property?," responded "they did. Had first chance to buy back." CX-210 at 1. A-30 States that he overheard an unnamed "land acquisition officer say to his father that the Federal Government was going to build an army camp in the area and that his father's farm was needed for the camp and that he would be notified when to vacate the promises. He also heard the land acquisition officer tell his father that he would be able to repurchase the farm after the war was over." CX-211 at 1. B-39

Condemned

33 CX-210

Billy J. 2/12/1979 Timmons

Purchased

Says that GSA bought the land from the original owners. Says that land was eventually sold "to governments officials wives." CX-210 at 2.

G.W. 34 CX-211 10/20/1978 Cambron

Purchased

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." CX-211 at 1-2. Same tract as CX-212 and CX218.

Attachment D to United States' Opening Brief

Case 1:93-cg-00648-SGB

Document 251-5

Filed 07/17/2008

Page 11 of 14

Affidavits cited to support finding "many of the landowners entered into Contracts with . . . the apparent understanding that they could repurchase their properties after World War II was concluded." Land Grantors I, n.36
Exhibit Date Affiant Statement Tract Method Unique Concerns

35 CX-212

Anne Luckett Cambron 2/6/1979 ???

In response to question "Did a government agent tell you or a member of your family that the original landowners would be given the first option to repurchase the land after the camp was declared surplus property?," responded "The general belief and talk at that time was that the original landowners were to have first chance to repurchase their land taken by the Federal Government for Camp Breckinridge along with the mineral rights." B-39

Purchased

Same tract as CX-211 and CX-218. CX-146, CX-147 and CX-213 are signed by different people on different days, but contain an identical narrative. This is the same tract as CX-216.

36 CX-213

"[T]hey were promised that they could buy Elizabeth J. this land back when the war ended and Camp E-117; E3/16/1979 Stegar Breckinridge was no longer needed." 115 Purchased

In response to question "Did a government agent tell you or a member of your family that the original landowners would be given the first option to repurchase the land after the camp was declared surplus property?" Responded: "Yes --They talked with my Grandfather my mother & dad -- I was not at Samuel W. home but in College. They related story to E-117; E37 CX-216 11/16/1979 Steger me." 115 Purchased In response to question "Did the government Annie say you could purchase your farm back after Miller Day the war, having first chance?" responded: E-39 and 5/21/1979 Jenkins "Yes." E-40 Purchased

This is the same tract as CX-213. States "I was not at home but at College. They related story to me."

38 CX-218

Same tract as CX-211 and CX-212.

Attachment D to United States' Opening Brief

Case 1:93-cg-00648-SGB

Document 251-5

Filed 07/17/2008

Page 12 of 14

Affidavits cited to support finding "many of the landowners entered into Contracts with . . . the apparent understanding that they could repurchase their properties after World War II was concluded." Land Grantors I, n.36
Exhibit Date Affiant Statement Tract Method Unique Concerns 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 date of the document is February 26, 1979, but it was apparently signed on March 7, 1979. Apparently signed by two affiants. 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 field. Ashland." The allegation about repurchase promises is in a different handwriting than the rest of the affidavit.

39 CX-219

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

"We were told by the government land appraisers, when this land was condemned for the camp, that we would get it back when the war was over for the same price we had been paid for it by the government." unclear

unclear

40 CX-221

Charles Russell and "He was also promised first refusal when the June R. property was sold by the government" is in 1/29/1979 Crowley different handwriting than rest of the affidavit

E-619 and E653 (unclear) Purchased

41 CX-223

Helburn 2/2/1979 Tapp

In response to question "Did the government say you could purchase your farm back after the war, having first chance?," responded "yes" E-623 In response to question "Did the government say you could purchase your farm back after the war, having first chance?," responded "yes" E-635 "She was told that after the war when the camp was no longer needed that she would have first chance to purchase her farm."

purchased

42 CX-226

Helen 5/21/1979 Whitledge Lorene 2/5/1979 Straker

Purchased

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

43 CX-227

E-637

Purchased

Attachment D to United States' Opening Brief

Case 1:93-cg-00648-SGB

Document 251-5

Filed 07/17/2008

Page 13 of 14

Affidavits cited to support finding "many of the landowners entered into Contracts with . . . the apparent understanding that they could repurchase their properties after World War II was concluded." Land Grantors I, n.36
Exhibit Date Affiant Statement Tract Method Unique Concerns

44 CX-228

Odessa Duncan 7/16/1979 Watson Marietta Tapp 1/22/1979 Chandler

In response to question "Did a government agent tell you or a member of your family that the original landowners would be given the first option to repurchase the land after the E-642, Ecamp was declared surplus property?," 654 responded "Yes." (unclear) Purchased "[H]e had confidence in his government, that when the war was over he would be given the first opportunity to purchase the land back." E-658 In response to question "Did the government say you could purchase your farm back after the war, having first chance?," responded "yes" E-668 In response to question "Did the government say you could purchase your farm back after the war, having first chance?," responded "Yes. My parents still had hopes of getting first option to repurchase their farm. They believed in their government and trusted in the government agent to tell the truth." E-677 "We were told that when the war was over we would get a chance to buy the land back." unclear

Not notarized. The affidavit refers to the affiant in the third person.

45 CX-229

Purchased

46 CX-230

5/21/1979 J.A. Tapp

Purchased

Not notarized.

47 CX-231

undated

Kathryn Tapp Buchanan

Purchased

Not notarized. States that he was not 21 at the time of the acquisition.

48 CX-232

Russell B. 3/25/1979 Babbs

unclear

Attachment D to United States' Opening Brief

Case 1:93-cg-00648-SGB

Document 251-5

Filed 07/17/2008

Page 14 of 14

Affidavits cited to support finding "many of the landowners entered into Contracts with . . . the apparent understanding that they could repurchase their properties after World War II was concluded." Land Grantors I, n.36
Exhibit Date Affiant Statement Tract Method Unique Concerns 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.

49 CX-123

4/4/79

Frederick Williams

States that he was a former government employee and that the "general feeling of all government employees at this time, appraisers and negotiators, that the land owners would have the right to repurchase the property taken from them as soon as the property was no longer needed by the government for the war effort." none

none

Attachment D to United States' Opening Brief