United States v. 103.38 Acres of Land

660 F.2d 208
CourtCourt of Appeals for the Sixth Circuit
DecidedOctober 6, 1981
DocketNo. 79-3165
StatusPublished
Cited by14 cases

This text of 660 F.2d 208 (United States v. 103.38 Acres of Land) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. 103.38 Acres of Land, 660 F.2d 208 (6th Cir. 1981).

Opinion

BOYCE F. MARTIN, Jr., Circuit Judge.

This case requires us to review the methods of property valuation which may properly serve as the basis of an award in federal eminent domain proceedings. Specifically, we must examine the types of evidence the trier of fact should consider in determining the value of condemned mineral-bearing property.

We are concerned with a 103-acre tract of unimproved land, purchased by appellants Frank and Doris Oldfield in 1968. The property, located in eastern Kentucky, overlies a portion of the Van Lear coal seam, an important source of high quality, low sulphur coal. In 1973, the Oldfields leased the tract for mining purposes to appellant Addington Brothers Mining Company. The specified royalty rate was $.35 per ton. In February, 1976, this lease was “renewed” and the royalty raised to $2 per ton. In December, 1976, after Addington had obtained mining permits but before he had begun actual mining operations, the United States condemned the property for a Corps of Engineers flood control project.

The District Court conducted a bench trial on the issue of compensation in August, 1978. The Oldfields and Addington elected to proceed as if a single party had owned the property in fee prior to the taking; any division of the award was left to private agreement. Thus, the sole question was the value of the tract on the date of condemnation.

[210]*210The parties agreed that the highest and best use of the land was mineral extraction. It was also undisputed that a ready market existed for Van Lear coal. Estimates of the quantity of coal recoverable from the tract ranged from 52,000 to 83,000 tons.

In valuing the property, the government, through its expert witnesses Donan and Robinson, relied exclusively on a “market data” or “comparable sales” approach. This method fixes the value of a condemned tract by reference to recent sales of allegedly “comparable” properties in the vicinity. On the basis of several such sales, Donan and Robinson appraised the Oldfield parcel at $40,000 and $32,000, respectively.

The owners, however, take the position that none of the sales cited by the government involved properties which were truly “comparable” to the condemned tract. They contend they established this position by cross-examining the government’s witnesses. Because the government did not offer sufficiently probative “comparable sales” evidence, the owners urged the District Court to use an alternate method of valuation, which we will call a hypothetical cash flow analysis.

The proponent of this approach, expert witness J. W. Straton, attempted to establish the present value of the coal in place by projecting the cash flow which would be generated by surface mining all the coal. Beginning with the undisputed railhead price of $28.00 per ton, Mr. Straton estimated production costs of $17.51 per ton for the combined stripping and augering operation required to exhaust the coal deposit. This would leave an operating margin after adjustment for taxes and depreciation recapture of $12.06 per ton. Assuming that any operator mining the tract would require a 25 percent return on his investment, Mr. Straton determined that $4.33 of the operating margin would be taken as profit. This would leave $7.73 per ton which the operator could pay to the landowner for the right to extract the coal. At this point, Mr. Straton opined that a willing buyer-operator and a • willing seller-landowner would negotiate a two-thirds to one-third division of the $7.33 margin so that the landowner would receive a royalty of $5.16 per ton of coal recovered. Multiplying that figure by an estimate of 68,300 tons of recoverable minerals in place and discounting the result — to be paid over a 16-week period — by an unspecified discount multiplier, Mr. Straton arrived at a value of $331,510.00 for the coal in place on the date of condemnation. Apparently, the owners do not contend that the Oldfield tract had any value over and above the value of the mineral deposit itself.

The District Judge, in a memorandum opinion, concluded that neither party had succeeded in establishing the value of the condemned property. He found as a fact that none of the sales cited by the government were sufficiently “comparable” to be probative of value. On the other hand, he declined to rely on the owners’ cash flow formula because its cost components were, inevitably, highly speculative in nature. Thus, despite his express conviction that the condemned property was in fact worth considerably more than the government’s figure, the District Judge held that the evidence before him could not support an award greater than $40,000, the government’s higher appraisal. Accordingly, he entered an award in that amount and recommended that the parties appeal his decision.

On appeal, the owners concede that “comparable sales” normally constitute the best evidence of value. They assert, however, that mineral-bearing properties are too unique for valuation by analogy to other tracts. Under these circumstances, they contend, Mr. Straton’s cash flow method is a “rational” approach to the valuation problem and should have been adopted by the District Court. As a secondary argument, they suggest that the royalty rate of $2 per ton specified in the renewed Oldfield-Addington lease would have yielded a royalty of about $136,000 had the condemnation not foiled Addington’s plan to mine the coal. They argue that this figure points up the inadequacy of the $40,000 award.

[211]*211The United States offers several arguments to support the award below. It claims: first, that the District Court erred in finding that the sales offered in evidence were not “comparable,” second, that the owners’ method is too speculative to support an award; and third, that the value of a resource in place may never be established by multiplying the amount of mineral recoverable by a fixed price per unit.

We begin our discussion with a brief general summary of the applicable law. The Fifth Amendment guarantees “just compensation” for private property taken for public use. “Just compensation” means that the former owner must be returned to the monetary position he would have occupied had the taking not occurred. To achieve this monetary equivalence, the former owner is entitled to the “fair market value” of his property at the time it is condemned. “Fair market value” is to be determined from “what a willing buyer would pay in cash to a willing seller.” Almota Farmers Elevator & Warehouse Co. v. United States, 409 U.S. 470,473-74, 93 S.Ct. 791, 794-795, 35 L.Ed.2d 1 (1973), and cases cited therein.

A “comparable sales” analysis has long been — and remains — the preferred method of establishing a property’s “fair market value.” See, e. g. United States v. 2,847.58 Acres of Land, 529 F.2d 682 (6th Cir. 1976); Welch v. Tennessee Valley Authority, 108 F.2d 95 (6th Cir. 1939), cert, denied, 309 U.S. 688, 60 S.Ct. 889, 84 L.Ed. 1030 (1940). Nothing in this opinion is intended to cast doubt on that method of analysis.

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

Related

Cite This Page — Counsel Stack

Bluebook (online)
660 F.2d 208, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-10338-acres-of-land-ca6-1981.