United States v. Lewis

308 F.2d 453
CourtCourt of Appeals for the Ninth Circuit
DecidedJuly 10, 1962
DocketNos. 17437, 17452, 17394, 17395, 17501
StatusPublished
Cited by24 cases

This text of 308 F.2d 453 (United States v. Lewis) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth 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. Lewis, 308 F.2d 453 (9th Cir. 1962).

Opinion

MERRILL, Circuit Judge.

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 justification of the appointment is the variety and complexity of the matters to be considered on the question of valuation and the importance of having these adequately set forth in a report so that they may be subjected to the scru- ■ tiny of the District Court and of this court upon review and the proper principles of valuation applied to them. Any adequate review of the facts or of the legal principles followed in basing valuations on the facts is defeated if a report by the commission is of such a character that it amounts to no more than a general verdict by a jury. The verdict of a jury of twelve men may reasonably be dispensed with if commissioners make a report which furnishes an adequate basis of review by the trial judge and the appellate court, but not if the report furnishes no such basis. Just as a judge in a trial without a jury is required to make adequate findings so that his conclusions may be reviewed by the appellate court so a master, in an action to be tried without a jury, is required to make findings of fact so that his conclusions may be adequately reviewed by the trial judge, who is required to accept them ‘unless clearly erroneous’ (Rule 53(e) (2)), and this practice with respect to the report of a master is prescribed by Rule 71A(h) with respect to the reports of commissioners in condemnation proceedings.”

The district court took a different view. Thus in the Gill case, in its order [456]*456approving the commission’s report, it states that findings “may be as general as the verdict of a jury and have the same effect,” and further, “I see no reason for applying a different rule to the report of 71A(h) commissioners,” and later, “Thus I do not agree with United States v. Cunningham * * * [and other cases] so heavily relied upon by the government insofar as they deal with the form and content of the commissioner’s report.”

Upon this basic difference we agree with the principles expressed in Cunningham. The district judge is not sitting as the presiding judge in a jury-tried case, but as a reviewing court. He has not heard the evidence nor supervised its admission and thus is in no position to view the commission’s report simply as a jury verdict. If the court is intelligently to perform a function of review, it must be able to ascertain whether, in arriving at its value judgment, error was committed by the commission, either in the resolution of factual disputes or in the application of principles of valuation. There must be a sufficient disclosure to the reviewing court to enable it to understand what it is that has been decided. As stated by Mr. Justice Cardozo in United States v. Chicago, M., St. P. & P. Railroad, 1935, 294 U.S. 499, 510-511, 55 S.Ct. 462, 79 L.Ed. 1023:

“We must know what a decision means before the duty becomes ours to say whether it is right or wrong.”

There must at least be resolution of factual disputes as to the character of the property, its highest and best use and the elements which contribute to its value ; and disputes as to applicable principles of valuation.

The district court was then in error as to the proper nature of a commission’s report and findings and as .to the function of the district court in review. The question remains as to the effect of this error on the particular cases before us.

The United States appears to urge upon us a sort of supervisory function in this respect and that we deal with the matter in the abstract. It invites us to look at the commission’s reports in these cases; to observe that each upon its face fails to measure up to standard; to send the cases back with general instructions that adequate reports be made.

This course we reject. If there be inadequacies in a particular report, they must be specified by objection to the report. If any case is to be remanded for correction of error in this area, it must be with instructions that by report or finding resolution of some specific dispute be made or some specific inadequacy be remedied. Otherwise, as we view the matter, there could be no end to these litigations.

We shall then in each case examine the record and briefs to ascertain what specific matters are asserted, by objections of the United States, not to have been dealt with adequately.

LEWIS CASE

This case concerns the condemnation of 118 acres in Tulare County, California, in connection with the Success Dam and Reservoir Project (Public Law 534, 78th Congress, 58 Stat. 887). It was commenced by the filing of a complaint in condemnation by the United States on May 1, 1959. It was referred by the district court to a commission on June 1, 1959, and on July 22, 1960, the finding and report of commission was filed.

The commission found:

“That the property taken by the United States * * * was part of a larger holding by [the appellees] and said larger holding before the taking by the United States consisted of approximately 1,598 acres of land which composed an integrated cattle ranching operation. * * * That the fair market value of the entire parcel of which the portion taken was a part immediately before the taking on May 1, 1959, was $218,400.00. * * * That the fair market value of the remainder on May 1, 1959, immediately after the taking, was $148,400.00. * * * [457]*457The commissi ¡m therefore finds that the just compensation for the taking * * * to be $70,000.00.”

Other than this, there is no finding as to highest and best use and no disclosure as to the valuation principles utilized by the commission or the elements of value taken into consideration.

Judgment of the district court approving and adopting the report was entered January 31, 1961.

Before turning to the commission’s finding and report, one assignment of error requires attention. The United States contends that two of the commissioners should have disqualified themselves for bias by virtue of their prior associations with appellees’ expert witnesses. Both commissioners were lawyers who had in their practice on previous occasions used these witnesses.

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Bluebook (online)
308 F.2d 453, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-lewis-ca9-1962.