Whitney Benefits, Inc. v. United States

30 Fed. Cl. 411, 1994 U.S. Claims LEXIS 29, 1994 WL 45855
CourtUnited States Court of Federal Claims
DecidedFebruary 10, 1994
DocketNo. 499-83L
StatusPublished
Cited by22 cases

This text of 30 Fed. Cl. 411 (Whitney Benefits, Inc. 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
Whitney Benefits, Inc. v. United States, 30 Fed. Cl. 411, 1994 U.S. Claims LEXIS 29, 1994 WL 45855 (uscfc 1994).

Opinion

OPINION

SMITH, Chief Judge.

This court issued its original opinion in this ease on October 13, 1989, finding that plaintiffs had suffered a taking of their property,' a large tract of minable coal, resulting from the government’s enactment of the Surface Mining Control and Reclamation Act, on August 3, 1977. The court’s opinion was affirmed on appeal, and certiorari was denied. Whitney Benefits, Inc. v. United States, 18 Cl.Ct. 394 (1989), modified, 20 Cl.Ct. 324 (1990), aff'd, 926 F.2d 1169 (Fed.Cir.), cert. denied, — U.S. -, 112 S.Ct. 406, 116 L.Ed.2d 354 (1991). Judgment was entered on December 28, 1989. In the judgment, the court ordered that plaintiffs:

recover, on its taking claim, of and from the United States the sum of $60,296,-000.00 together with interest, as part of just compensation, from the date of taking, August 3, 1977, through the date of payment, to be calculated pursuant to the Contracts Disputes Act, 41 U.S.C. § 611 (1982).

Plaintiffs, by a motion for clarification of that judgment, are asking the court to indicate whether simple or compound interest was awarded. For the following reasons, the court holds that plaintiffs are entitled to receive interest, compounded annually, as just compensation for the taking of their property.

DISCUSSION

I. Rule 60(a)

Plaintiffs move the court pursuant to Claims Court (now Court of Federal Claims) Rule 60(a) to clarify the court’s December 28, 1989 judgment. That rule provides:

Clerical mistakes in judgments, orders, or other parts of the record and errors therein arising from oversight or omission may be corrected by the court at any time of its own initiative or on the motion of any party and after such notice, if any, as the court orders.

RUSCC 60(a). Plaintiffs contend that the judgment is ambiguous concerning whether simple or compound interest was awarded and, therefore, must be clarified before the judgment can be paid.

Although the judgment refers to section 12 of the Contracts Disputes Act (CDA), plaintiffs maintain that that section does not answer the question concerning whether simple or compound interest was awarded. The Contract Disputes Act, 41 U.S.C. § 611, provides that:

Interest on amounts found due contractors on claims shall be paid to the contractor from the date the contracting officer receives the claim pursuant to section 605(a) of this title from the contractor until payment thereof. The interest provided for in this section shall be paid at the rate established by the Secretary of the Treasury pursuant to Public Law 92-41 (85 Stat. 97) for the Renegotiation Board.

Plaintiffs contend that the statute and the accompanying regulations merely specify a particular rate of interest; they do not address whether the interest is to be simple or compound.

The court finds that reference to the Contracts Disputes Act does not resolve the question of whether simple or compound interest was awarded. In addition, although the subject of interest was discussed in the court’s original opinion, see 18 Cl.Ct. at 416, the court did not discuss the simple versus compound distinction, and did not specify which type of interest was appropriate.

Defendant contends that plaintiffs’ motion is untimely, in that it was filed almost two years after entry of judgment, and that defendant would be prejudiced if plaintiffs were allowed to file their motion at this stage of the proceedings. Def.Br. at 2-4. Defendant argues that, if the government had known it was facing a judgment that included compound interest, the government would have more vigorously pursued their appeal, especially the issues relating to valuation. Id.

Defendant’s arguments are not persuasive. The court finds that plaintiffs’ motion is timely. As plaintiffs point out, there is no time limit to file a motion under Rule [413]*41360(a). In addition, plaintiffs promptly filed their motion after the Supreme Court denied certiorari. In addition, defendant cannot now argue that they would have appealed their case differently had they known that compound interest would be awarded. It stretches logic to contend that defendant did not vigorously appeal the valuation issues in a judgment of over $60 million. The court also notes that defendant’s counsel litigated the case vigorously and with great competence.

In addition, at oral argument defendant conceded that had the original opinion stated that interest was to be computed pursuant to federal law, a Rule 60(a) motion would be appropriate. Tr. at 36. Clearly that would be ambiguous as federal law discusses many different interest rates in varying contexts. Although the opinion was not that broad, the same ambiguity can be found in the statement “interest pursuant to the Contract Disputes Act.” Section 12 of the CDA states: “The interest provided for in this section shall be paid at the rate established by the Secretary of the Treasury pursuant to Public Law 92-41 (85 Stat. 97) for the Renegotiation Board.” There is no reference, to the appropriate period for compounding the interest or whether simple or compound interest is required. This lack of reference to the compounding issue constitutes an ambiguity which this court may correct pursuant to Rule 60(a).

II. Compound Versus Simple Interest

In its 1989 decision in this case, this court found that plaintiffs’ property was taken by the government on August 3, 1977, when the government enacted the Surface Mining Control and Reclamation Act. Under the fifth amendment, when the government “takes” private property for public use, the government must pay “just compensation” for that property. Plaintiffs argue that, in takings cases, interest is considered a necessary component of “just compensation,” and therefore will run against the government regardless of whether the government consents. No compensation was paid to plaintiffs at that time for their property. The Supreme Court has stated that, when the government takes an individual’s property, and the owner of that property does not receive compensation at the time of the taking, “the owner is entitled to interest thereon sufficient to insure that he is placed in as good a position pecuniarily as he would have occupied if the payment had coincided with the appropriation.” Kirby Forest Industries, Inc. v. United States, 467 U.S. 1, 10, 104 S.Ct. 2187, 2194, 81 L.Ed.2d 1 (1984) (emphasis added) (citations omitted).

In recognizing the time value of money in takings cases, the Supreme Court’s teaching has compelling logic. Where the government has taken plaintiffs property and returns a payment worth an identical amount at a subsequent date, the plaintiff still suffers an economic loss. Such a conclusion follows from the fact that when the government merely returns an identical sum as compensation, the plaintiff loses the opportunity to earn interest on its principal.

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Cite This Page — Counsel Stack

Bluebook (online)
30 Fed. Cl. 411, 1994 U.S. Claims LEXIS 29, 1994 WL 45855, Counsel Stack Legal Research, https://law.counselstack.com/opinion/whitney-benefits-inc-v-united-states-uscfc-1994.