Branning v. United States

6 Cl. Ct. 618, 1984 U.S. Claims LEXIS 1256
CourtUnited States Court of Claims
DecidedNovember 19, 1984
DocketNo. 400-76
StatusPublished
Cited by7 cases

This text of 6 Cl. Ct. 618 (Branning v. United States) is published on Counsel Stack Legal Research, covering United States Court of Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Branning v. United States, 6 Cl. Ct. 618, 1984 U.S. Claims LEXIS 1256 (cc 1984).

Opinion

OPINION

WHITE, Senior Judge.

After an overlong and tortuous journey through the legal maze, this case, at long last, is approaching the point of final disposition at the trial level.

Previous Proceedings

The present litigation began on October 1, 1976, when the plaintiff1 filed a complaint (then referred to as petition) with this court’s predecessor, the United States Court of Claims. The complaint alleged that the United States had taken, by inverse condemnation and without just compensation, an avigation easement, or easement of flight, in the airspace above some land then owned by the plaintiff and located on Ladies Island, Beaufort County, in the coastal region of southeastern South Carolina. The land owned by the plaintiff included approximately 500 acres and was part of a slightly larger area commonly [620]*620known as Pleasant Point Plantation. (The 500 acres owned by the plaintiff will sometimes be referred to hereafter as “the property.”)

After a trial was held in November 1978, the Court of Claims rendered a decision in July 1981 on the issue of liability (654 F.2d 88). The court held in its Conclusion of Law that “a taking has occurred” (id. at 103), thereby adversely affecting the highest and best use for the plaintiffs property, which had been for medium density residential development (654 F.2d at 96).

The Court of Claims’ opinion on liability indicated that the taking of an avigation easement occurred as a result of flights by heavy military jet aircraft (twin-engine F-4’s) through the airspace above the property, in a pattern known as Field Mirror Landing Practice (“FMLP”). The pattern, insofar as it affected the property, consisted of practice takeoffs from and landings on runway 04/22 at the Marine Corps Air Station in Beaufort, South Carolina (“MCAS-Beaufort”), designed to simulate takeoffs from and landings on an aircraft carrier.

Pleasant Point Plantation is located quite near, and east of, MCAS-Beaufort. While performing the FMLP pattern from runway 04/22, the F-4 aircraft followed one another almost nose-to-tail in an unvarying loop. The phase of the FMLP operation which led the Court of Claims to decide that an avigation easement had been taken in the airspace above the property was when the F-4 aircraft flew above the property at an altitude of 600 feet above ground level, with noses up and tails down, and with the near-maximum power and noise associated with low speed.

There were and are two runways at MCAS-Beaufort: 04/22, which is the principal runway and lies on a northeast/southwest axis; and 14/32, which lies on a northwest/southeast axis. The evidence indicates that, in earlier years, at least some FMLP operations utilized runway 14/32, but they did not affect Pleasant Point Plantation adversely enough (if at all) to result in the taking of an avigation easement in the airspace above the property. Only FMLP operations by F-4 aircraft from and to runway 04/22 resulted in the taking that is involved in this case.

The Court of Claims, having decided the issue of the defendant’s liability in favor of the plaintiff, remanded the case to the court’s Trial Division for further proceedings to determine the date when the avigation easement was taken, the amount of the recovery, and the proper distribution of such amount among the plaintiff and a number of third-party plaintiffs that had entered the case after the complaint was filed.

On October 1, 1982, the case was transferred to this court pursuant to Pub.L. 97-164, § 403(d) (1982).

Two of the unresolved matters transferred to this court for determination — the date of the taking and the proper distribution among the parties plaintiff of whatever amount may be recovered — were subsequently disposed of without the necessity of holding a further trial on those questions. The date of the taking was determined to be January 1975; and the amount of the recovery is to be distributed among the parties plaintiff in accordance with a stipulation filed by them.

The parties endeavored, through extensive negotiations, to reach an agreement on the amount of the recovery, but such negotiations were ultimately unsuccessful. Finally, after several trial dates on the amount of the recovery had been fixed by the court and later cancelled at the request of one or more parties, such a trial was held in the latter part of May and the early part of June 1984. The post-trial filing by parties of requests for supplementary findings of fact, briefs, objections to requested findings, and reply briefs was completed on November 1, 1984.

It is now necessary for this court to determine the value of the property interest which the Government took in January 1975.

The value of the easement will be measured by the diminution in the fair market [621]*621value of the plaintiffs property as a result of the avigation easement being taken by the Government. Avery v. United States, 165 Ct.Cl. 357, 381, 330 F.2d 640 (1964); Matson v. United States, 145 Ct.Cl. 225, 244, 171 F.Supp. 283 (1959); Adaman Mutual Water Co. v. United States, 143 Ct.Cl. 921, 933, 181 F.Supp. 658, 666 (1958). The diminution in value is derived from the difference between the fair market value of the plaintiffs property shortly before and shortly after the avigation easement was taken in January 1975. A.J. Hodges Industries, Inc. v. United States, 174 Ct.Cl. 259, 267-68, 355 F.2d 592, 597-98 (1966); Aaron v. United States, 160 Ct.Cl. 295, 301, 311 F.2d 798, 802 (1963); Mid-States Fats and Oils Corp. v. United States, 159 Ct.Cl. 301, 310 (1962).

The proper standard to use in determining fair market value is “ ‘what a willing buyer would pay in cash to a willing seller’ at the time of the taking.” United States v. 564.54 Acres of Land, 441 U.S. 506, 511, 99 S.Ct. 1854, 1857, 60 L.Ed.2d 435 (1979), quoting from United States v. Miller, 317 U.S. 369, 374, 63 S.Ct. 276, 280, 87 L.Ed. 336 (1943).

Pleasant Point Plantation

Pleasant Point Plantation, as previously stated, is located on Ladies Island, South Carolina. Ladies Island as of January 1975 was — and it still remains — largely an undeveloped, vacant island. There are numerous large tracts of undeveloped land on the island. In 1975, Ladies Island had a population of 2,717. The island includes 22,675 acres (35.4 square miles), of which only 6,996 acres are considered developable.

The nearest urbanized area to Ladies Island is across the Beaufort River in Beaufort, South Carolina.

Pleasant Point Plantation is an irregularly shaped parcel of land, running generally from north to south and including approximately 525 acres. It has very irregular exterior boundary lines, the distance around the perimeter of the parcel being 5.8 miles.

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Related

United States v. 14.87 Acre of Land, More or Less
799 F. Supp. 226 (D. New Hampshire, 1992)
Jackson v. United States
12 Cl. Ct. 363 (Court of Claims, 1987)
Branning v. United States
784 F.2d 361 (Federal Circuit, 1986)
Henry v. United States
8 Cl. Ct. 389 (Court of Claims, 1985)
Branning v. United States
7 Cl. Ct. 777 (Court of Claims, 1985)

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6 Cl. Ct. 618, 1984 U.S. Claims LEXIS 1256, Counsel Stack Legal Research, https://law.counselstack.com/opinion/branning-v-united-states-cc-1984.