United States v. 640.00 Acres of Land, More or Less, in the County of Dade, State of Florida and Virginia Land Company, and Unknown Owners

CLARK, Circuit Judge:

This is an appeal from a denial of attorneys’ fees in a condemnation proceeding. The issues are whether the Equal Access to Justice Act (EAJA)1 permits a landowner to recover attorneys’ fees in condemnation cases and, if so, whether the landowner in this case is nevertheless not entitled to an award because the government’s position was “substantially justified” or because *844the case was not pending on October 1,' 1981, the Act’s effective date. In resolving these questions, we bear in mind the findings and purpose of the Act:

See. 202.(a) The Congress finds that certain…