United States v. 55.22 Acres of Land, More or Less, in Yakima County, Washington, William J. Fox, Jr., Et Ux.

This is a condemnation proceeding instituted by the United States to acquire land in Yakima County, Washington, for the construction of an interstate highway. Mr. and Mrs. William J. Fox, Jr., hereinafter collectively referred to as “Fox,” were the owners of the condemned parcel of land. The Fox tract consisted of approximately 6.77 acres, of which the Government took fee simple title to 6.12 acres and a perpetual easement covering .031 acres, rendering the sliver of remaining land practically valueless. Based on a jury verdict, Fox was awarded a judgment in the sum of $29,500. Being dissatisfied with the amount of the award, Fox took this appeal.

Fox first contends that the trial court erred in excluding evidence of the sale of adjacent property to Fox, offered to show a comparable sale relevant on the issue of just compensation.

We first summarize background facts and the tendered evidence. Fox is a house mover by occupation. For eleven years he had maintained the headquarters of his business on the condemned tract and had kept heavy equipment there when it was not in use. Fox had resided on the premises for twenty-one years.

Fox had known since September, 1956, that there…