United States v. Rogers, 147
| Decision Date | 28 February 1921 |
| Docket Number | No. 147,147 |
| Citation | 65 L.Ed. 566,41 S.Ct. 281,255 U.S. 163 |
| Parties | UNITED STATES v. ROGERS et al |
| Court | U.S. Supreme Court |
Mr. Assistant Attorney General Garnett, for the United States.
[Argument of Counsel from pages 164-166 intentionally omitted] Mr. George S. Downer, of Albuquerque, N. M., for defendants in error.
The United States brought an action January 18, 1915, in the District Court of the United States for New Mexico, to condemnlands of the defendants in error for reclamation purposes. 32 Stat. 388 (Comp. St. §§ 4700-4708). Condemnation proceedings to acquire real estate for government uses and public purposes under judicial process are regulated by the act of August 1, 1888. 25 Stat. 357 (Comp. St. §§ 6909, 6910).
Section 2 of the act provides that the practice, pleadings, forms, and modes of proceedings in causes arising under the provisions of the act shall conform, as near as may be, to the practice, pleadings, forms, and proceedings existing at the time in like causes in the courts of record in the state within which such Circuit or District Courts are held.
The petition averred the necessity of appropriating the lands in question; that the Secretary of the Interior had determined to acquire the defendants' real estate; that at the date of the completion of the work lands of the defendants were flooded and thereby appropriated by the United States under the authority of the acts of Congress; that the owners received no compensation; that necessary funds were available to pay any damages which might be awarded defendants. The petition prayed that the court appoint commissioners to assess the damage which the owners had sustained in consequence of the taking and appropriation of their lands, and that upon payment of the amount asessed the lands be decreed to be the property of the United States from the date of the appropriation thereof.
The award of the commissioners was filed February 3, 1917, and an order was entered July 27, 1917, directing that the sums awarded be deposited and distributed for the benefit of the owners. Subsequently the owners made a motion for a supplemental order requiring the United States to deposit sums equal to 6 per cent. interest on the awards calculated from April 19, 1912, the time when the lands were taken by flooding the same. The court made an order requiring the deposit of the additional sum, to which order the United States excepted, and prosecuted a writ of error from the Circuit Court of Appeals of the Eighth Circuit, where the judgment of the District Court was affirmed. 257 Fed. 397, 168 C. C. A. 437.
It appears that the allowance of interest was from the time of the actual taking of the land to the time deposit was made in payment for the same.
The questions upon which the case was taken to the Circuit Court of Appeals appear from the assignments of error, and are: (1) That the District Court erred in awarding interest against the United States from April 12, 1912, to date of deposit of the awards in court, for the reason that interest cannot properly be allowed in a condemnation case against the United States for any period prior to date of final judgment; (2) that the District Court erred in awarding interest against the United States from April 19, 1912, to date of deposit of awards in court, for the reason that interest cannot properly be allowed in a condemnation case against the United States for any period prior to date of the order of the court placing the United States in possession of the lands condemned; (3) that the District Court erred in awarding...
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