EAJA Awards (#213580)
United States v. 269 Acres, More or Less, Located in Beaufort County, South Carolina
U.S. Department of Justice
William D. Trask, Jr.
The United States filed this case in 2016 to impose a permanent restrictive easement over 269.22 acres of land located in Beaufort, South Carolina, which the landowners had owned in fee simple since 1955. The easement restricts land development in the flight path of jets in and out of the adjacent U.S. Marine Corps Air Station.
The court found that the government’s pre-litigation actions and litigation positions were not substantially justified because it had taken three different stances on valuation for determination of just compensation for the property.