rejecting appellant’s attack on the probative value of a landowner’s testimony regarding the value of his land before and after the imposition of a flowage easement because appellant’s argument “overlooks the fact that the opinion testimony of a landowner as to the value of his land is admissible without further qualification”
How later courts described this case
- rejecting appellant’s attack on the probative value of a landowner’s testimony regarding the value of his land before and after the imposition of a flowage easement because appellant’s argument “overlooks the fact that the opinion testimony of a landowner as to the value of his land is admissible without further qualification”
- the fifth amendment mandates not only that a landowner be awarded just compensation, represented by the fair market value of the property on the date taken, but also that just compensation in the constitutional sense is the fair market value of the property at the date of taking, plus interest from that date to the date of payment
- “If there is an anomaly in the matter of court costs, either intentional or through inadvertence, the anomaly was created by Congress. Such anomaly, if indeed it is one, does not justify our failure as a court to ignore Congress’ plainly expressed intention that attorneys’ fees and litigation expenses may be awarded in condemnation cases unreasonably litigated by the government.”
- The court declined to settle on a hard and fast rule for fees on appeal, suggesting only that in some instances it would be appropriate for the trial court to determine if appellate fees are in order
Written by the judges who cited it.
The opinion
REAVLEY, Circuit Judge,
with whom RANDALL and GARWOOD, Circuit Judges, join, dissenting:
I agree with the majority holding that a condemnee may obtain his attorney fees under the Equal Access to Justice Act if the position of the government was not substantially justified and the condemnee is the prevailing party, i.e., if he recovers by the lawsuit compensation for the condemned interest in land greater than the amount which was offered or deposited by the government. The earlier statute, 42 U.S.C. § 4654 , does not specifically provide otherwise. I find no inconsistency between the two statutes. The earlier statute authorizes cost reimbursement if the United States abandons the proceeding, which initiation and discontinuation may or may not be substantially justified, or if the government is denied the acquisition by final judgment (which, again, may or may not have been after substantially justified decisions on part of the government).
Nevertheless, I agree with Part I of Judge Rubin’s dissent. The condemnee must prevail on the entire lawsuit to be entitled to attorney fees under my reading of the Equal Access to Justice Act. The landowner here has only sought fees for successfully resisting the government’s appeal. Finding no statutory basis for that award, I would deny it.