United States v. Joan A. Deist, Russell H. Deist and Eva K. Armstrong

This is an appeal from a judgment fixing the compensation to be paid for land subject to condemnation for public use. An interest in certain real property owned by the appellants was taken in eminent domain proceedings in the District Court by the United States acting on behalf of the Bonneville Power Administration. The property interest so acquired was for an easement for a right-of-way for a power transmission line being constructed through the area and crossing appellants’ lands.

Appellant landowners object to the action of the court below in appointing a commission to determine the issue of just compensation, and further allege error by the commission in the admission of evidence.

It is contended that the submission of the matter to a commission violated appellants’ rights to a jury trial. Appellants had demanded trial by jury.

Rule 71A(h), Federal Rules of Civil Procedure, authorizes the district court, in actions involving the exercise of the power of eminent domain under the laws of the United States, and in the exercise of his discretion, to appoint a commission to determine the issue of just compensation “ * * * because of the character, location, or quantity of the…