Tulare Lake Basin Water Storage District v. United States

61 Fed. Cl. 624, 2004 U.S. Claims LEXIS 216, 2004 WL 1870073
CourtUnited States Court of Federal Claims
DecidedAugust 18, 2004
DocketNo. 98-101L
StatusPublished
Cited by18 cases

This text of 61 Fed. Cl. 624 (Tulare Lake Basin Water Storage District v. United States) is published on Counsel Stack Legal Research, covering United States Court of Federal Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Tulare Lake Basin Water Storage District v. United States, 61 Fed. Cl. 624, 2004 U.S. Claims LEXIS 216, 2004 WL 1870073 (uscfc 2004).

Opinion

ORDER

WIESE, Judge.

Consistent with its decision of December 31, 2003, this court entered judgment on February 12, 2004, in favor of plaintiffs in the amount of $23,771,184.23, an award of just compensation that included an interest component based on the 52-week Treasury bill rate set forth in the Declaration of Taking Act, 40 U.S.C. § 258e-l (2000). Plaintiffs filed a motion for reconsideration of that ruling on March 3, 2004, arguing that the 52-week Treasury bill rate does not provide them with full compensation for the taking of their property as required by the Fifth Amendment of the United States Constitution. Plaintiffs urge the court instead to apply either the agricultural operating loan rates in effect in the Tulare/ Kern County service areas from 1992-1994,1 or the rates of return achieved by Tulare and Kern County on investments made during that same time frame pursuant to California law.2 Defendant opposes plaintiffs’ motion, asserting that the court properly identified the 52-week Treasury bill rate as the appropriate standard for determining the interest rate to be applied in this ease.3

The court heard oral argument on plaintiffs’ motion on June 21, 2004. For the reasons set forth below, the court finds in plaintiffs’ favor and directs that the rates of return achieved on Tulare’s and Kern County’s state-sanctioned investments during the relevant time period be applied to plaintiffs’ December 31, 2003, award.

I.

Pursuant to the Fifth Amendment of the United States Constitution, an owner whose property is taken by the government for public use is entitled to the payment of just compensation, an amount ordinarily [627]*627based on “the fair market value of the property on the date it is appropriated.” Kirby Forest Indus., Inc. v. United States, 467 U.S. 1, 10, 104 S.Ct. 2187, 81 L.Ed.2d 1 (1984). In the event that significant time has elapsed between the date of the taking and the payment of just compensation, however, the fair market value must be adjusted by “such addition as will produce the full equivalent of that value paid contemporaneously with the taking.” Seaboard Air Line Ry. v. United States, 261 U.S. 299, 306, 43 S.Ct. 354, 67 L.Ed. 664 (1923). Just compensation, in other words, requires that the owner of the property be compensated not only for the value of the property on the date of the taking, but also for any delay in payment of that amount. NRG Co. v. United States, 31 Fed.Cl. 659, 664 (1994).

Although no consensus has emerged with regard to the appropriate interest rate to be employed in just compensation cases (see, e.g., Eastern Minerals Int’l, Inc. v. United States, 39 Fed.Cl. 621, 631 n. 13 (1997) (applying the tax overpayment rate set forth in 26 U.S.C. § 6621); NRG, 31 Fed.Cl. at 670 (applying the Declaration of Taking Act rate set forth in 40 U.S.C. § 258e-l); Formanek v. United States, 26 Cl.Ct. 332, 341 n. 11 (1992) (applying the Contract Disputes Act rate set forth in 41 U.S.C. § 611)), courts have universally sought to honor two basic principles in calculating interest on awards paid after the date of taking. First, courts have uniformly endeavored to “ensure that [the property owner] is placed in as good a position pecuniarily as he would have occupied if the payment had coincided with the appropriation.” Kirby, 467 U.S. at 10, 104 S.Ct. 2187. Second, courts have generally recognized the “strong judicial policy in favor of the establishment of a uniform rate of interest applicable to condemnation cases in order to avoid discrimination among litigants.” Miller v. United States, 223 Ct.Cl. 352, 620 F.2d 812, 838 (1980).

In determining whether a particular rate of interest is sufficient under the Fifth Amendment to provide the “full and perfect equivalent of the property taken,” Seaboard, 261 U.S. at 304, 43 S.Ct. 354, courts have often relied on a standard referred to as the “prudent investor rule.” Pursuant to this rule, the appropriate interest rate is calculated based not on an assessment of how a particular plaintiff would have invested any recovery, but rather on how “a reasonably prudent person” would have invested the funds to “produce a reasonable return while maintaining safety of principal.” United States v. 429.59 Acres of Land, 612 F.2d 459, 464-65 (9th Cir.1980).

Plaintiffs in the instant case offer two approaches for calculating interest based on the prudent investor rule. Plaintiffs point first to the agricultural operating loan rates prevailing in the Tulare/ Kern County service areas for the period 1992-1994, rates they contend most accurately reflect the economic reality experienced by plaintiffs as a result of the government’s taking. That is the case, plaintiffs explain, because the farmers from whom the water was taken finance the costs of the State Water Project (costs that must be paid irrespective of the amount of water actually delivered) by obtaining agricultural loans that are to be paid off when the crops are harvested and sold. Plaintiffs thus argue that it would have been irrational for the farmers to have invested timely payments of just compensation in Treasury bills — as application of the 52-week Treasury bill rate would reflect — when they were obligated to pay a higher interest rate on their outstanding loans. A “reasonably prudent” farmer, in other words, would have used a timely judgment to repay his operating loans and should therefore, in plaintiffs’ view, receive the operating loan rate as compensation for the delay in payment of just compensation.

As an alternative method for satisfying the prudent investor rule, plaintiffs point to the rates achieved by Tulare and Kern County on their state-sanctioned investments as the reasonable return courts have identified as necessary for making a property owner whole. These rates, plaintiffs contend, provide a method for calculating interest that can be applied uniformly to all claimants and that represents “a reasonable rate of return consistent with a high level of safety.”

Defendant, for its part, does not challenge the applicability of the prudent investor rule but argues that the interest rates plaintiffs [628]*628propose would provide them with an impermissible windfall. In support of this proposition, defendant cites Georgia-Pacific Corp. v. United States, 226 Ct.Cl. 95, 640 F.2d 328 (1980), a case in which a takings claimant, like the present plaintiffs, sought an interest rate based either on the return of a “productive investment” or on its actual costs to borrow money. Rejecting both approaches, the Georgia-Pacific

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Jackson v. United States
Federal Claims, 2021
Katzin v. United States
127 Fed. Cl. 440 (Federal Claims, 2016)
Love Terminal Partners, L.P. v. United States
126 Fed. Cl. 389 (Federal Claims, 2016)
Sears v. United States
124 Fed. Cl. 730 (Federal Claims, 2016)
Rasmuson v. United States
Federal Claims, 2014
Jenkins v. United States
Federal Claims, 2014
Adkins v. United States
Federal Claims, 2014
National Food & Beverage Co. v. United States
105 Fed. Cl. 679 (Federal Claims, 2012)
Textainer Equipment Management Ltd. v. United States
99 Fed. Cl. 211 (Federal Claims, 2011)
Otay Mesa Property L.P. v. United States
93 Fed. Cl. 476 (Federal Claims, 2010)
Arkansas Game & Fish Commission v. United States
87 Fed. Cl. 594 (Federal Claims, 2009)
CCA Associates v. United States
75 Fed. Cl. 170 (Federal Claims, 2007)
Cienega Gardens v. United States
67 Fed. Cl. 434 (Federal Claims, 2005)
Independence Park Apartments v. United States
61 Fed. Cl. 692 (Federal Claims, 2004)

Cite This Page — Counsel Stack

Bluebook (online)
61 Fed. Cl. 624, 2004 U.S. Claims LEXIS 216, 2004 WL 1870073, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tulare-lake-basin-water-storage-district-v-united-states-uscfc-2004.