United States v. 0.376 Acres of Land

I disagree with the majority that the District Court’s “conclusion as to the justification for the position taken by the government was eminently sound.” The District Court’s decision was premised on an erroneous view of what constitutes substantial justification in eminent domain cases. The District Court’s, and the majority’s, view of the applicable law is too narrow and results in relieving the government of most of the burden of proof which it is supposed to carry in Equal Access to Justice Act attorney fees determinations.

The District Court premised its decision on the proposition that…