United States v. Certain Land

LUMBARD, Chief Judge:

This appeal by the United States and cross-appeal by the defendants challenge that portion of the condemnation award rendered by the district court which is based on the “risk of vacancy” created upon the subject building by the unique short-term option aspect of the takings exercised by the government. The United States contends that there should be no award for the risk of vacancy factor, while defendants maintain that the award is insufficient.

We reverse, because we find that the risk of vacancy award of $555,833.33 far exceeds the actual economic loss suffered by…