United States v. 3,595.98 ACRES OF LAND, ETC.

Two problems have arisen in connection with the pre-trial proceedings in these condemnation actions. These problems are: (1) Shall there be an order requiring an exchange by the parties, prior to trial, of the comparable sales upon which each side intends to rely; and (2) May sales entered into after the date of taking of the involved property be considered relevant as comparable sales.

(1) Exchange of Comparable Sales

The general policy, in federal condemnation proceedings, has been not to require an exchange of information as to each side’s comparable sales. The presumed bases for such a policy have included the fact that appraisal reports, containing matters of opinion and work product, would be involved, and the hypothesis that the efforts of one side to the litigation might be turned over to the opposing side without any necessary recompense. It is clear, however, that the mere divulging of the intended evidentiary use of a particular plot of land does not involve, without more, an inquiry into matters of opinion or work product. Only a question of fact is involved. As to the second objection, that inequality of treatment might be imposed upon one party, it would seem that…