United States v. 410.69 Acres of Land, More or Less in Escambia County, State of Florida, and Perdido Key, Inc., and Unknown Owners, Perdido Key, Inc.

We are called upon in this appeal to determine whether on the facts of the case before us the Government abandoned its condemnation proceedings within the meaning of Section 304(a)(2) of the Uniform Relocation Assistance and Real Property Acquisition Policies Act, 42 U.S.C. § 4654(a)(2) (1976), so as to entitle the landowner to reimbursement of the litigation expenses incurred by it in the proceedings. The district court, relying on its perception of the rationale of the Ninth Circuit in United States v. 4.18 Acres of Land, 542 F.2d 786 (9th Cir. 1976), concluded that for an abandonment to…