Houser v. United States

9 Cl. Ct. 35, 1985 U.S. Claims LEXIS 900
CourtUnited States Court of Claims
DecidedOctober 11, 1985
DocketNo. 559-77
StatusPublished
Cited by1 cases

This text of 9 Cl. Ct. 35 (Houser 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
Houser v. United States, 9 Cl. Ct. 35, 1985 U.S. Claims LEXIS 900 (cc 1985).

Opinion

OPINION

YOCK, Judge.

Plaintiffs seek just compensation under the Tucker Act, 28 U.S.C. § 1491 (1982), for the alleged taking by condemnation of land which they claimed to own along the Snake River in the City of Lewiston, Idaho. This land was condemned in a United States district court condemnation proceeding to which plaintiffs were not named as parties nor personally served with notice of the action. Plaintiffs argue that at the time of the taking, they were the fee owners of the condemned property and that compensation was paid to the wrong party, i.e., the State of Idaho, the third-party defendant herein.

The plaintiffs have now moved for partial summary judgment asking this Court to declare the plaintiffs to be the true owners in fee of the real estate that was condemned. The Government and the third-party defendant have cross-moved on the issue of ownership. In addition, the Government has moved for summary judgment claiming that the prior condemnation judgment of the United States District Court for the District of Idaho, which found the State of Idaho to be the fee owner of the land in question, is res judicata of the plaintiffs’ present claim.

For the reasons discussed herein, the parties’ motions are denied.

Facts

On December 18, 1972, the defendant filed a Complaint, Notice and Declaration of Taking in the United States District Court for the District of Idaho in Civil No. 3-72-52, United States of America v. 8.32 Acres of Land, more or less, et al., con[37]*37demning in fee a 3.12 acre parcel of land known as Tract 1202 located in the City of Lewiston, Nez Perce County, Idaho. The State of Idaho and “any and all unknown owners” were named as defendants in the action. Tract 1202, taken by the United States Government for the Lower Granite Lake and Dam Project, is bordered on the west by the Snake River, and on the east by land acquired by plaintiffs in 1945 and referred to as Tract 1201. As a result of the filling of the reservoir created by the Lower Granite Lake and Dam Project, Tracts 1201 and 1202 are now both submerged under several feet of water, except for a portion occupied by a United States levee, constructed by the U.S. Army Corps of Engineers.

Both Tracts 1201 and 1202 were initially a part of an 88.5 acre tract fronting on the eastern bank of the Snake River, which was acquired by patent from the United States in 1882 by one William T. Cox. Between 1882 and 1898 when he died, Mr. Cox proceeded to lay out and record a subdivision on the patented land known as “Cox’s Addition To The City of Lewiston.” In addition, he subdivided and sold off parcels of land out of the patented tract to various unrelated purchasers, and he dedicated certain streets to the city.

Upon Mr. Cox’s death in 1898, an administrator was appointed by the probate court of Nez Perce County to settle his estate. One of the first acts of the administrator was to petition the court to sell all of the real and personal property remaining in the estate to satisfy outstanding debts since Mr. Cox’s debts were in excess of his assets. After the court had granted the administrator’s petition to sell all assets, the administrator published a Notice of Sale of all of Mr. Cox’s real estate in the Lewiston Idaho Tribune. The real estate at issue here that was to be sold was described in the following legal description:

That tract or parcel of land lying and being in the county of Nez Perce, state of Idaho, as follows: Commencing at the South West Comer Lot (3) three, Section (1) one, township 35, N.R. 6 W.B.M., thence in a northerly direction down east bank of Snake river 924 feet; thence east 450 feet; thence south 900 feet; thence west 400 feet to point of beginning, containing (6) six acres more or less, * * *. [Emphasis supplied.]

A sale was held pursuant to the notice of the administrator who reported to the probate court on June 23, 1899, that only one bid was received for $900 from a Mrs. N.C. Sanford. The administrator’s Return Of Sale recites that the property actually sold to Mrs. Sanford is described by an amended description. The document stated:

[T]he said real estate is thereupon sold to her for the price aforesaid; the property actually sold of which the following is an amended description, is described as follows[s] viz;
The part of Lot 3, Sec. 1, Tp. 35, N.R. 6, W.D.M., commencing at a stone marked with a cross at the Southwest corner of the 40 acres now owned by W.H. Holcomb in said Lot 3; thence North 333.2 feet on the West line of said 40 acre lot, to a point; thence N. 84° W. 178.2 feet, on the South boundary line of the Cox Addition to Lewiston, Idaho, to a point; thence S. 6° W. 20 feet on the east line of Montgomery Street in the Cox Addition to the intersection of the West line of said Montgomery Street with the South line of the 40 foot Street on the South boundary of the Cox Addition; thence on the South line of said 40 foot street 245 feet to the meander line of Lot 3, Sec. 1 Tp. 35, N.R. 6 W.B.M/, thence Southerly on said Meander line 354 feet to a point on the South line of lot 3, distant Thence East on the South line of Lot 3, 465 feet to the point of beginning, containing 3.28 acres, in Nez Perce County, state of Idaho. [Emphasis supplied.]

The real estate sold to Mrs. Sanford from the Cox estate by that Return of Sale document differs substantially from the real estate offered for sale by the Administrator. Mrs. Sanford’s legal description differs in four respects: (1) the legal descrip[38]*38tion commenced at a stone monument which was not described in the legal description contained in the Notice of Sale; (2) the property is described by metes and bounds instead of section, township and range; (3) the western boundary is now referred to as a meander line instead of the east bank of the Snake River; and (4) it concludes by stating “containing 3.28 acres.” The words “more or less” are omitted. This amended 3.28 acre description given to Mrs. Sanford in 1899 is used in every subsequent conveyance in the chain of title to Tract 1201 down to the deed to the Housers in 1945, with the minor exception being that in the deed from Guy Richards to the Housers in 1945, the phrase “more or less” is inserted after the 3.28 acres.

Prior to the filing of the condemnation action regarding Tract 1202 on December 18, 1972, the defendant conducted a formal title search. The title company employed by the Government, The Title Insurance Company of Boise, Idaho, issued its Second Preliminary Certificate of Title to the Government on June 8, 1972, which showed Tract 1202 to be vested in fee simple in the State of Idaho. Among the exceptions to free and clear fee title listed on Schedule B of the title report, however, was the “right, title and interest of Emma Houser and Frances Houser Larson by virtue of the fact this land is an extension to the west of their property on the East and could be determined to be land gained by accretion.”

Notwithstanding the exception clearly listed in the defendant’s title report, the plaintiffs were not named as interested parties to the condemnation action, nor were they or any agents of plaintiffs served personally with process of summons and complaint. The Government did publish the appropriate and routine notices to unknown owners.

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Related

Houser v. United States
12 Cl. Ct. 454 (Court of Claims, 1987)

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Bluebook (online)
9 Cl. Ct. 35, 1985 U.S. Claims LEXIS 900, Counsel Stack Legal Research, https://law.counselstack.com/opinion/houser-v-united-states-cc-1985.