UNITED STATES v. CERTAIN PROPERTY of BOROUGH OF MANHATTAN, CITY, COUNTY & NEW YORK

ZAMPANO, District Judge:

These are cross-appeals challenging the amount of compensation awarded for the condemnation by the United States of a public bath and recreation center owned by the City of New York. The principal question concerns the proper measure of compensation for the taking of a service facility operated by the City for the public benefit. Specifically, the issue is whether the court below erred in excluding the City’s evidence on the necessity and cost of providing a substitute facility for the one condemned.

In 1962 the government instituted condemnation proceedings to acquire…