United States Ninth Circuit
US v. 4.85 Acres of Land in Lincoln County, 07-35310
In a dispute over just compensation for land condemned in Montana, the jury award granted is vacated and the case remanded where: 1) there is no blanket rule forbidding evidence of post-condemnation sales of comparable properties for purposes of establishing the market value of condemned properties; and 2) the district court erred with prejudice to the landowners by refusing to admit all evidence of post condemnation sales without making separate findings of comparability for each proffered comparable property.
Appellate Information
- Argued 08/07/2008
- Decided 09/29/2008
- Published 09/29/2008
Judges
- HALL, Circuit Judge:, Before: HARRY PREGERSON, WILLIAM C. CANBY, JR., and CYNTHIA HOLCOMB HALL, Circuit Judges.
Court
- United States Ninth Circuit
Counsel
- For Appellees:
- Allan M. McGarvey, McGarvey, Heberling, Sullivan & McGarvey, Kalispell, MT, for the defendants-appellants., Kathryn E. Kovacs, United States Department of Justice, Environment and Natural Resources Division, Washington, D.C., for the plaintiff-appellee.