Harris v. United States (467 F.2d 801, 1972)

PER CURIAM.

Billy C. Harris and his wife brought this action against the United States under the Tucker Act, 28 U.S.C. § 1346(a) (2), alleging the “taking” by the Government of a 5.1 acre tract of ground near a lock and a dam on the Arkansas River in Sebastian County, Arkansas. The case was tried to the court which determined there had been no taking and entered judgment for the Government. We affirm the judgment of the trial court.

The Harrises purchased a 5.1 acre tract about one-half mile south and west of the Arkansas River on September 18, 1959, and have owned it continuously since. This land is 1,320 feet in length and is 60 feet wide at the west end and 100 feet wide at the east end. Harris is a contractor and used the tract as a source