United States v. 10.48 Acres of Land, and Lowell E. Ash

Landowner Lowell Ash appeals from a jury verdict in an action brought by the United States to condemn a flowage easement. Ash argues that he is entitled to a new trial as the trial court improperly sustained the government’s objections to admission into evidence of the price paid by a condemning authority for an easement in a comparable sale. Having concluded that the district court did not abuse its discretion in sustaining the government’s objections, we affirm.

I.

The United States filed its complaint in condemnation on December 12, 1974 to acquire a permanent flowage easement over defendant’s property, which was subject to a preexisting occasional flowage easement. At trial the government called James D. Eaton, a real estate appraiser, as an expert witness. Eaton testified as to the sale price in the sale he considered most comparable to the sale in this case. Defendant then attempted to question Eaton on the amount paid by the government for the permanent flowage easement in the comparable sale. Eaton responded that he did not know what price the government had paid, and that the price paid by a condemning authority was not relevant to a determination of market value. The…