United States of America, Plaintiff-Appellant-Cross-Appellee v. 50.50 Acres of Land, Defendants-Appellees-Cross-Appellants

The government appeals the district court’s award of interest and costs in an eminent domain proceeding. The landowners cross-appeal, contending that the district court erred in denying them attorney fees as the prevailing party and in refusing to include severance damages as part of its just compensation award.

I.

The United States brought a condemnation action to take property located in Oxnard, California, at the request of the Department of the Air Force for the Point Mugu Air National Guard Base. The land taken consisted of five contiguous tracts, numbered 101 through 105, totaling 188.07 acres, which were part of a larger vegetable farming operation. On March 22 and 23, 1987, the government filed declarations of taking for the five tracts and deposited with the court its estimated valuation of each of the properties. The landowners contested the government’s valuation of the taken property. On July 31, 1987, the district court ordered the cases consolidated.

The government’s taking left a remainder parcel, Tract 107, of 27 acres which was owned by the landowners. A packing plant was located on 14 acres, while the other 13 acres were used as crop land. On September 30,…