United States v. 1,071.08 Acres of Land, Yuma and Mohave Counties, Arizona, and Alamo Land& Cattle Co.

These consolidated appeals arose from the government’s condemnation of 1,071.08 acres of land in west-central Arizona. The government seeks review of two jury awards, contending that the district court abused its discretion in ordering separate trials before different juries under Rule 42(b), Federal Rules of Civil Procedure. The government also asserts that the district court erroneously admitted evidence on the post-condemnation price of manganese in the later trial. We affirm the district court.

This case began as a single condemnation proceeding in which the United States acquired title to 1,071.08 acres of land (Tract 308) along the Bill William River in Arizona for use in the Alamo Dam and Reservoir Project, a United States Army Corps of Engineers flood control development. The government filed a declaration of taking pursuant to the Declaration of Taking Act, 40 U.S.C. § 258a et seq. and deposited $236,-250 as the estimated value of the land. An order was entered transferring title to the United States.

Prior to condemnation, interests in Tract 308 were held by three parties: the Alamo Land & Cattle Company (Alamo), Colonel and Mrs. Perley M. Lewis (Lewis), and the Santa…