US v. Piza-Blondet, No. 08-2263

In condemnation proceedings involving a 34 acre parcel used by the Federal Aviation Administration for aircraft navigation, the district court's judgment is affirmed where the district court: 1) did not abuse its discretion in excluding defendant's own testimony when the court had excluded similar testimony by defendant's expert; 2) did not err in holding that the "before and after" method was appropriate in valuing the property, assuming a partial taking; and 3) did not err in submitting to the jury unity of use. Defendant's remaining contentions were without merit.       

Read US v. Piza-Blondet, No. 08-2263 

Appellate Information

Appeal from the United States District Court for the District of Puerto Rico

Decided September 11, 2009

Judges

Before:  Boudin, Seyla, and Dyk, Circuit Judges.   
Opinion: Dyk, Circuit Judge 

Counsel

For Appellant:  Paul E. Harrison, Francisco Diez and J. Wayne Mumphrey.

For Appellee:  Aaron P. Avila, Attorney, U.S. Dep't of Justice, John C. Cruden, Acting Assistant Attorney General and Jeffrey M. Tapick, Attorney, U.S. Dep't of Justice.