United States v. Reynolds
Opinion of the Court
delivered the opinion of the Court.
The United States brought this suit in the United States District Court for the Western District of Kentucky to condemn more than 250 acres of the respondents’ land for a federal development known as the Nolin Reservoir Project located in that State. An important issue in the case was raised by the respondents’ claim that 78 acres of the land, taken for construction of recreational facilities adjacent to the reservoir, had not been within the original scope of the project.
The Fifth Amendment provides that private property shall not be taken for public use without just compensa
The Court early recognized that the “market value” of property condemned can be affected, adversely or favorably, by the imminence of the very public project that makes the condemnation necessary.
In United States v. Miller, 317 U. S. 369, the Court gave full articulation to these principles:
“If a distinct tract is condemned, in whole or in part, other lands in the neighborhood may increase in market value due to the proximity of the public improvement erected on the land taken. Should the Government, at a later date, determine to take these other lands, it must pay their market value as enhanced by this factor of proximity. If, however, the public project from the beginning included the taking of certain tracts but only one of them is taken in the first instance, the owner of the other tracts should not be allowed an increased value for his lands which are ultimately to be taken any more than the owner of the tract first condemned is entitled to be allowed an increased market value because adjacent lands not immediately taken increased in value due to the projected improvement.
“The question then is whether the respondents' lands were probably within the scope of the project from the time the Government was committed to it. If they were not, but were merely adjacent lands, the subsequent enlargement of the project to include them ought not to deprive the respondents of the value added in the meantime by the proximity of the improvement. If, on the other hand, they were, the Government ought not to pay any increase in value arising from the known fact that the lands probably would be condemned. The owners ought*18 not to gain by speculating on probable increase in value due to the Government’s activities.” 317 U. S., at 376-377.
There is no controversy in the present case regarding these basic principles. The parties agree that if the acreage in issue was “probably within the scope of the project from the time the Government was committed to it,” substantially less compensation is due than if it was not. For if the property was probably within the project’s original scope, then its compensable value is to be measured in terms of agricultural use. If, on the other hand, the acreage was outside the original scope of the project, its compensable value is properly measurable in terms of its economic potential as lakeside residential or recreational property.
The issue between the parties is simply whether the “scope-of-the-project” question is to be determined by the trial judge or by the jury. There is no claim that the issue is of constitutional dimensions. For it has long been settled that there is no constitutional right to a jury in eminent domain proceedings. See Bauman v. Ross, 167 U. S. 548, 593. As Professor Moore has put the matter:
“The practice in England and in the colonies prior to the adoption in 1791 of the Seventh Amendment, the position taken by Congress contemporaneously with, and subsequent to, the adoption of the Amendment, and the position taken by the Supreme Court and nearly all of the lower federal courts lead to the conclusion that there is no constitutional right to jury trial in the federal courts in an action for the condemnation of property under the power of eminent domain.”11
The judgment of the Court of Appeals is vacated, and the case is remanded to the United States District Court for the Western District of Kentucky for further proceedings consistent with this opinion.
It is so ordered.
Congress authorized the Nolin Reservoir Project in 1938 as part of a comprehensive flood control plan for the Ohio and Mississippi Rivers. See Act of June 28, 1938, § 4, 52 Stat. 1217. Congress
Most of the respondents’ acreage condemned by the Government was taken because it would be inundated by the reservoir, and there is no question that this land was within the original scope of the project. But 78 acres of the tract were taken for the construction of recreational facilities adjacent to the reservoir itself. These 78 acres were not referred to in a design memorandum submitted in June 1959. They were, however, designated for taking in a memorandum approved in October of that year. It has been Government policy to build recreational areas in conjunction with federal reservoir projects since 1944. Act of December 22, 1944, § 4, 58 Stat. 889.
United States v. 811.92 Acres of Land, 404 F. 2d 303.
The Court of Appeals for the Fifth Circuit has held that the “scope-of-the-project” issue is to be determined by the trial judge. Wardy v. United States, 402 F. 2d 762, 763.
Monongahela Navigation Co. v. United States, 148 U. S. 312, 326.
United States v. New River Collieries Co., 262 U. S. 341, 343; Seaboard Air Line R. Co. v. United States, 261 U. S. 299, 304.
New York v. Sage, 239 U. S. 57, 61; Boom Co. v. Patterson, 98 U. S. 403, 408.
Kerr v. South Park Commissioners, 117 U. S. 379, 386.
Shoemaker v. United States, 147 U. S. 282, 304-305.
United States v. Virginia Electric & Power Co., 365 U. S. 624, 635-636; United States v. Cors, 337 U. S. 325, 332-334.
United States v. Chandler-Dunbar Water Power Co., 229 U. S. 53, 81; Boom Co. v. Patterson, supra.
5 J. Moore, Federal Practice ¶38.32 [1], p. 239 (2d ed. 1969). (Footnote omitted.)
The full text of Rule 71A (h) is as follows:
“If the action involves the exercise of the power of eminent domain under the law of the United States, any tribunal specially constituted by an Act of Congress governing the case for the trial of the issue of just compensation shall be the tribunal for the determination of that issue; but if there is no such specially constituted tribunal any party may have a trial by jury of the issue of just compensation by filing a demand therefor within the time allowed for answer or within such further time as the court may fix, unless the court in its discretion orders that, because of the character, location, or quantity of the property to be condemned, or for other reasons in the interest of justice, the issue of compensation shall be determined by a commission of three persons appointed by it. If a commission is appointed it shall have the powers of a master provided in subdivision (c) of Rule 53 and proceedings before it shall be governed by the provisions of paragraphs (1) and (2) of subdivision (d) of Rule 53. Its action and report shall be determined by a majority and its findings and report shall have the effect, and be dealt with by the court in accordance with the practice, prescribed in paragraph (2) of subdivision (e) of Rule 53. Trial of all issues shall otherwise be by the court.”
In United States v. Miller, supra, it appears that that question was decided by the trial judge, who excluded all evidence of enhanced
“The question was whether appellants’ ‘lands were probably within the scope of ,the project from the time the Government was committed to it.’ . . . Appellants contend that the jury should have been allowed to answer this question. Under rule 71A (h) the jury’s function is limited to determining ‘just compensation.’ It is
Compare John L. Roper Lumber Co. v. United States, 150 F. 2d 329, 332, with Scott v. United States, 146 F. 2d 131, 132-133.
Dissenting Opinion
dissenting.
All constitutional questions aside, there was in the present case a right to trial by jury on “the issue of just compensation” as provided in Rule 71A (h). I do not
If it were certain beyond doubt that the property was within the original scope of the project, a different question might be presented. But there is nothing in this record to show that respondents’ property was included in the original design. We deal here with probabilities or perhaps with possibilities. If the property were not within the original design, a purchaser could reasonably anticipate that he would be able to devote the land to its highest economic use reflected in part by its proximity to the Government’s project. Henry George
There seems to be no reason why the jury chosen by Congress to decide the final issue of "just compensation” should be denied the power to determine the subordinate issues of fact upon which the jury’s final verdict must rest.
There are powerful forces loose in this country that deprecate the use of juries. The Department of Justice and other federal agencies
Progress and Poverty, Book VI (50th Ann. ed. 1945).
In United States v. Certain Lands, 144 F. Supp. 206, a road was taken and the question of “just compensation” turned on whether the construction of a substitute facility was necessary. The court held that that issue of necessity was properly left to the jury:
“In the average condemnation proceeding, many factors must be considered in arriving at just compensation, factors which are only established and available after the exercise of a fact-finding process. There appears to be no reason for introducing a trial by jury into condemnation proceedings unless the jury’s province is broad enough to include the weighing of evidence which directly relates
The present Rule 71A, which in absence of an Act of Congress gives the courts discretion to have the issue of compensation decided by a commission of three, was inspired by the Act governing condemnations by the TVA which required the appointment of a commission in all cases, 48 Stat. 70. See Notes of Advisory Committee, 28 U. S. C., following Rule 71A. But that Act was amended in 1968. See 82 Stat. 885, 16 U. S. C. § 831x (1964 ed., Supp. IV). Under the bill as reported out of the Senate Committee on Public Works either party had on demand “an absolute right to a jury trial.” S. Rep. No. 930, 90th Cong., 1st Sess., 2. “Proponents of the legislation indicated that no landowner should be denied his basic right to a trial by jury involving the condemnation of his property. In addition, it was indicated that the absence of a right to a jury trial had generated friction between TVA and landowners which was seriously affecting the public relations of that agency.” Ibid.
The Senate Committee stated: “While the committee makes no judgment as to the benefits of either the commissioner or jury-trial system, it does feel that a right to trial-by-jury is basic to our American way of life, and accordingly recommends adoption of this legislation.” Id., at 3.
That bill was amended on the floor of the Senate to modify the provision for an absolute right to jury trial by making Rule 71A applicable to TVA condemnation proceedings. The discussion in support of this amendment, however, again stressed the general
See John L. Roper Lumber Co. v. United States, 150 F. 2d 329, where the jury refused the land owner any increment of value occasioned by the land’s proximity to the project.
Reference
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