United States v. 329.73 Acres of Land, Situated in Grenada and Yalobusha Counties, State of Mississippi and J. G. Carter

Section 204(a) of the Equal Access to Justice Act (“EAJA”), 28 U.S.C.A. § 2412(d)(1)(A) (West Supp.1982) provides for award to “a prevailing party other than the United States,” of “fees and other expenses, in addition to any costs awarded pursuant to subsection [2412(a)] incurred by that party in any civil action (other than cases sounding in tort) brought by or against the United States unless the court finds that the position of the United States was substantially justified or that special circumstances make the award unjust.” The landowner insists that a condemnation case is such a civil…