Legal Opinion

United States v. 23.94 Acres of Land

District Court, W.D. Virginia

Decided December 9, 1970No. Civ. A. No. 68-C-61-RPublishedCited by 14 opinions

1Opinion of the Court

OPINION AND FINAL ORDER

DALTON, Chief Judge.

By agreement of counsel, this cause is ordered reinstated on the docket.

The question before the Court is whether fees for witness attendance incurred by the landowner in the amount of $129.00 may be assessed as costs against the Government in a condemnation case. It was unanimously held prior to the amendment of Title 28 U.S.C. § 2412, the effective date of which was July 18, 1966, that the United States only paid costs when a particular statute so authorized. 28 U.S.C. § 2412 then read as follows:(a) The United States shall be liable for fees and…

2Cases cited3 opinions

  1. Dohany v. RogersSupreme Court of the United States · 1930
  2. United States v. WorleySupreme Court of the United States · 1930
  3. Carlisle v. CooperCourt of Appeals for the Second Circuit · 1894

3Cited by14 opinions

  1. United States v. 101.80 Acres of LandCourt of Appeals for the Ninth Circuit · 1983
  2. United States v. 2,186.63 Acres of Land, Wasatch County, Utah (H. Clay Cummings Estate)Court of Appeals for the Tenth Circuit · 1972
  3. GOVERNMENT OF THE VIRGIN ISLANDS v. 19.623 ACRES OF LAND, ETC., AppellantCourt of Appeals for the Third Circuit · 1979
  4. United States v. 101.80 Acres of Land, More or Less, in Idaho County, Idaho, Joseph Schwartz and Lorena Rose Schwartz, United States of America v. 35.54 Acres of Land, More or Less, in Idaho County, Idaho, Ora Hazelbaker, a WidowCourt of Appeals for the Ninth Circuit · 1983
  5. White v. StateSupreme Court of Alabama · 1975

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