United States v. 429.59 Acres of Land

The Government challenges the amount of compensation awarded the landowners in this condemnation proceeding (40 U.S.C. § 258a). The compensation was set by a Commission appointed by the District Court pursuant to Rule 71A(h) of the Federal Rules of Civil Procedure. The District Court approved the Commission’s findings and entered judgment for the landowners in the sum of $6,915,750 together with interest. The Government argues that the Commission erred in finding that the highest and best use of the condemned property was a marina and in valuing the property for that purpose. The Government also contends that the District Court erred in instructing the Commission to value the property taken as an economic unit and in setting the rate of interest payable on the deficiency award. We affirm.

The land taken adjoins the Imperial Beach Naval Air Station along the Pacific Coast between the City of San Diego and the Mexican border. On May 19, 1971, the date of taking, the land was undeveloped tidal marshland in the Tijuana River estuary. On April 11, 1974, the District Court appointed the Commission to determine the amount of just compensation. The District Court instructed the…