United States v. 313.34 Acres of Land, More or Less, Situated in Jefferson County, State of Washington, and Gary Smith Janice Smith

The government appeals an award, under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412 (d)(1)(A) (Supp. V 1987), of attorney and expert witness fees to the landowners in this action to condemn a large rock in Puget Sound which had become the site of a number of private homes. We affirm the award of fees, but remand for reconsideration of the amount awarded.

Gary and Janice Smith (“the Smiths”) owned tract 2001 on Protection Island in Washington. The Smiths had purchased the tract in 1972 for $3800. The United States filed a complaint in condemnation on April 11, 1986, to acquire 313.34 acres, which included tract 2001, for the development and management of the Protection Island National Wildlife Refuge, pursuant to the Protection Island National Wildlife Refuge Act, Pub.L. 97-333, 96 Stat. 1623 (1982). Simultaneously with the complaint, a declaration of taking was filed and $1,538,102 was deposited as estimated just compensation for the entire area.

At trial, the government’s expert testified that the value of the Smiths’ tract was $2,000. The Smiths’ two experts gave valuations of $12,000 and $7,500. The difference in the valuations stemmed from a disagreement as to…