Payment of Court-Appointed Expert Witness in Land Condemnation Proceedings

A court-appointed expert witness testified on the valuation of land to be taken by the federal government in a condemnation action initiated by the Tennessee Valley Authority. The Administrative Office of the U.S. Courts requested a decision as to the availability of Judicial Branch appropriations for the payment of compensation and expenses for the witness. The enactment of the revised Rules of Evidence indicated that costs of expert witnesses were to be litigation expenses rather than court expenses. Fees of expert witnesses appointed by the court are properly payable by the Department of Justice as expenses of litigation, if Justice was the litigating agency or the agency that actually prosecuted the case. Although TVA may cause condemnation proceedings to be instituted, the proceedings were actually instituted by the United States as the real party in interest and the actual condemnor of the property. Since neither party to the proceeding can properly be charged with the litigation expense, the court may order the Administrative Office of the U.S. Courts to make payment.