Footnotes

1172 Bos. Chamber of Commerce v. City of Boston, 217 U.S. 189, 195 (1910); see Brown, 263 U.S. at 83 (“A method of compensation by substitution would seem to be the best means of making the parties whole” in “peculiar” circumstances presented.); see also Duncanville, 469 U.S. at 37 (O’Connor, J., concurring) (“the make-whole remedy intended by the Just Compensation Clause”); Lutheran Synod, 441 U.S. at 511 (“compensation required to make the owner whole”), 516 (“The guiding principle of just compensation . . . is that the owner of the condemned property ‘must be made whole but is not entitled to more.’” (quoting Olson v. United States, 292 U.S. 246, 255)).acquisition, not the nature of the acquisition itself. Regardless of…

1180 See, e.g., United States v. 1.604 Acres of Land (Granby I), 844 F. Supp. 2d 668, 678 (E.D. Va. 2011); United States v. 381.76 Acres of Land (MontegoGroup), No. 96-1813-CV, 2010 WL 3734003, *7 (S.D. Fla. Aug. 3, 2010), adopted sub nom. United States v. 10.00 Acres of Land, No. 99-0672-CIV, 2010 WL 3733994 (S.D. Fla. Sept. 22, 2010), aff’d sub nom. United States v. Gonzalez, 466 F. App’x 858 (11th Cir. 2012) (per curiam) (unpubl.); 1,014.16 Acres in Vernon, 558 F. Supp. at 1242.

1182 Brace v. United States, 72 Fed. Cl. 337, 352-53 (2006) (“the ipse dixit of that reliance does not make those facts, data or opinions true”), aff’d, 250 F. App’x 359 (Fed. Cir. 2007) (per curiam) (unpubl.) (“affirmed based upon the well-reasoned opinion of the trial court”); see, e.g., Granby I, 844 F. Supp. 2d at 676-81 (excluding all valuation and other evidence based on highest and best use that was premised on unreliable, unsupported opinions of subsidiary experts).1183 Granby I, 844 F. Supp. 2d at 676-81 (detailing failures of subsidiary experts’ opinions, holding such opinions were “without support” and excluding from consideration all valuation and other evidence based on unsupported subsidiary opinions); see also United States v. 1.604 Acres…

1178 See USPAP, Competency Rule: Acquiring Competency, comment (“Competency can be acquired in various ways, including, but not limited to, personal study by the appraiser . . . or retention of others who possess the necessary knowledge and/or experience.”). For topics that often require additional expertise in appraisals for federal acquisitions, see Section 1.13.opinion.” 1179 But the appraiser cannot merely assume such supporting experts’ reports are accurate and reliable. Rather, the appraiser must review all supporting opinions and can rely on or adopt them only if the appraiser determines, after review, that all supporting opinions are credible, reliable, and factually supported. 1180 As the Tenth Circuit succinctly stated: “[Any expert] opinion . . . must be founded upon substantial data,…

1171 See Duncanville, 469 U.S. at 30 (“basic principles of indemnity embodied in the Just Compensation Clause”); Lutheran Synod, 441 U.S. at 517 (“‘basic equitable principles of fairness’ underlying the Just Compensation Clause” (quoting United States v. Fuller, 409 U.S. 488, 490)); see also Town of Clarksville v. United States, 198 F.2d 238, 242-43 (4th Cir. 1952) (“Of course, the interests of the public, upon which the payment burden rests, are at stake, too, and the award must not be in excess of strict equivalence.”).1172 Bos. Chamber of Commerce v. City of Boston, 217 U.S. 189, 195 (1910); see Brown, 263 U.S. at 83 (“A method of compensation by substitution would seem to be the best means of making the…

1173 See Duncanville, 469 U.S. at 33. Congress can authorize compensation for otherwise non-compensable damage in connection with substitute- facility compensation. For example, in the relocation of the Town of Bonneville, Washington (population 650), in connection with the construction of a new powerhouse at Bonneville Dam, special legislation authorized the U.S. Army Corps of Engineers to provide notonly substitute streets and utilities, but also city planning assistance, cooperation with nonfederal entities, and other elements above and beyond the constitutional requirements of just compensation. See Act of Mar. 7, 1974, Pub. L. No. 93-251, § 83, 88 Stat. 12, 35 (authorizing legislation); cf. Berberich v. United States, 5 Cl. Ct. 652, 655 (1984) (discussing specific statutory authorization for relocation of town).…

1184 Montego Group, 2010 WL 3734003, at *5; accord 1,014.16 Acres in Vernon, 558 F. Supp. at 1242.violate the unit rule (discussed in Section 4.2.2) and professional appraisal standards. 1185 These components are to be considered, but only in light of how they contribute to the market value of the property as a whole. 1186

1189 See Sections 1.11 and 4.12.1190 For example, in 1878, the Supreme Court described a condemnation involving the “appointment of commissioners to . . . secure a fair appraisement of [a property’s] value” followed by a court determination “as to the amount of compensation the owner of the land was entitled to receive[.]” Miss. & Rum River Boom Co. v. Patterson, 98 U.S. 403, 404-405 (1878). Similarly, in 1893 the Court noted that “[v]iewers were appointed, who reported the value . . . . [and then] the matter was tried before the court . . . as to the question of amount of compensation.” Monongahela Nav. Co. v. United States, 148 U.S. 312, 314 (1893); cf. James H. Boykin, Real…

1185 USPAP Standards Rule 1-4(e) (“An appraiser must refrain from valuing the whole solely by adding together the individual values of the various estates or component parts.”).1186 See Sections 4.8 and 4.8.1; see also Sections 4.8.3 and 4.8.4.

1181 United States v. Sowards, 370 F.2d 87, 92 (10th Cir. 1966).1182 Brace v. United States, 72 Fed. Cl. 337, 352-53 (2006) (“the ipse dixit of that reliance does not make those facts, data or opinions true”), aff’d, 250 F. App’x 359 (Fed. Cir. 2007) (per curiam) (unpubl.) (“affirmed based upon the well-reasoned opinion of the trial court”); see, e.g., Granby I, 844 F. Supp. 2d at 676-81 (excluding all valuation and other evidence based on highest and best use that was premised on unreliable, unsupported opinions of subsidiary experts).