Lewis

In these five separate condemnation cases appeals taken by the United States raise substantially identical points. All cases were filed in the district court for the Southern District of California, Central Division, and before the same district judge. In each case the issue of just compensation was referred to a commission appointed pursuant to Rule 71A (h). 1 In each case the same district judge reviewed the commission’s report.

The United States in each appeal claims that the report of the commission is inadequate and that this inadequacy has rendered it impossible for the district court properly to review the commission’s award and, in particular, to ascertain whether or not the commission was clearly erroneous in its resolution of factual disputes.

It is apparent that the foundation of the government’s grievances in all cases is a basic difference between the government and the district court as to the nature of a commission’s report and findings and as to the requisites of form and substance which must be met.

Thus the government relies on the statement of Judge Parker in United States v. Cunningham, 4 Cir., 1957, 246 F.2d 330 , 333:

The district court took a different…