United States v. Reynolds, 397 U.S. 14 (1970)

United States v. Reynolds


No. 88


Argued January 14, 1970
Decided February 24, 1970
397 U.S. 14

CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT

Syllabus

The right to a jury trial afforded by Fed.Rule Civ.Proc. 71A(h) in a federal eminent domain proceeding on the issue of just compensation, does not extend to the question whether the condemned "lands were probably within the scope of the project from the time the Government was committed to it" (either by the original plans or during the course of planning or original construction), and that question is for the trial judge to decide. Pp. 15-21.

404 F.2d 303, vacated and remanded.