U.S. v. 312.50 ACRES OF LAND, PRINCE WILLIAM CTY.

No. 87-3746.

851 F.2d 117 (1988)

UNITED STATES of America, Plaintiff-Appellee, v. 312.50 ACRES OF LAND, MORE OR LESS, SITUATED IN PRINCE WILLIAM COUNTY, COMMONWEALTH OF VIRGINIA and Annie M. Davis, et al., Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided July 5, 1988.


Attorney(s) appearing for the Case

Kimberly A. Mehuron, Gary A. Reese (Patterson & Reese, Fairfax, Va., Thomas G. Underwood, Owens, Underwood, Beane & Coppock, Manassas, Va., on brief), for defendants-appellants.

Maria Arevalo Iizuka (Roger J. Marzulla, Acting Asst. Atty. Gen., Washington, D.C., Henry E. Hudson, U.S. Atty., Dennis Szybala, Asst. U.S. Atty., Arlington, Va., Aaron S. Bennett, Jacques B. Gelin, Dept. of Justice, Land & Natural Resources Div., Kevin Voyles, Dept. of the Interior, Washington, D.C., on brief), for plaintiff-appellee.

Before WINTER, Chief Judge, ERVIN, Circuit Judge, and BUTZNER, Senior Circuit Judge.


PER CURIAM:

For the first time in this circuit, we are called upon to consider the application of the Equal Access to Justice Act (EAJA) to a land condemnation case. We hold that the district court correctly denied an award under the Act.

I.

In a previous appeal, we deemed "meritless" the government's contention that a contract of sale for comparable land at a price of $15,000 per acre was inadmissible as...

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