United States v. 114.64 Acres of Land, More or Less Situate in the County of Custer, State of Idaho

This appeal was taken by the United States from a judgment of the District Court granting condemnation of a parcel of real property in Custer County, Idaho, and awarding just compensation therefor. The appeal challenges a ruling of the court which held that the United States by filing the complaint in condemnation waived any right it may have had to rely upon a Land Purchase Option and Contract in which the appellees, as owners, agreed upon the value of the land with the Government. The option price agreed upon was $20,000; the amount awarded upon condemnation at a jury-waived trial was $35,000.

On May 20, 1971, the Government filed a complaint in the United States District Court for the District of Idaho asking a taking of property under the power of eminent domain and requesting the ascertainment and award of just compensation to the owners. Paragraph nine of the complaint recited that the United States had entered into a Land Purchase Option and Contract with the appellee owners for the purchase of the land for the sum of $20,000. A copy of this agreement was attached. The prayer was for condemnation and an ascertainment and award of just compensation. On the same…