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B-184782 1 (1976-02-26)

handle is hein.gao/gaobaddfq0001 and id is 1 raw text is: THE COMPTROL. ER GENERAL DIECISI1' OF THE UNITED STATES WASHINGTON. D.C . 2O 548 ITt, FILE: DATE: FEB 2 6 1976 MATTER BC1782 Department of Justice-Land Commissioners DIGEST: (1) United States incurs valid obligation under 31 U.S.C. §.200(a)(1) to pay land commissioners appointed in land condemnation cases, despite fact that court order appointing commissioners does not charge United States with such costs, since court cases and Committee Note to Fed. R. Civ. Proc. recognize that such costs must be charged to United States rather than condemnee, pursuant to constitutional-requirement that private property shall not be taken for public use without just compensation. (2) Land commissioners, appointed in land condemna- tion cases in fiscal year 1975, who perform services in fiscal year 1976, may be paid out of fiscal year 1975 appropriations at rates i1 not limited by Pub. L. No. 94-121, restricting rates of compensation to land commissioners in fiscal year 1976, since contractual obligation for payment arises at time of appointment, even though exact amount of obligation remains uncertain until presiding judge sets comIensation based upon amount of services rendered and daily rate as determined within his discretion. This decision to the Attorney General of the United States, responds to a request by Glen E. Pommerening, Assistant Attorney General for Adminis- tration, for our views as to whether fiscal year 1975 appropriations may be charged with the costs of compensation paid to land commissioners appointed in land condemnation cases in fiscal year 1975 under Fed. R. Civ. Proc. 71A(h), who do not perform their services until fiscal year 1976. The submission indicates that two requests have been received recently by the Attorney General for the obligation of fiscal year 1975 appropriations for services performed by land commissioners during fiscal year 1976. On June 4, 1975, the United States District Court for the Western District of Michigan entered an order appointing a three-member Somiss1in in Q l-A

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