United States v. 174.12 Acres of Land, More or Less, in the County of Pierce, State of Washington, and Tacoma Duck Club, Inc.

This appeal involves issues raised with the district court’s actions in conducting a condemnation jury trial. The United States filed its Complaint in Condemnation January 5, 1979, against the subject property of this litigation, a body of land near Tacoma, Washington, which was owned by the Tacoma Duck Club, Inc. The property was acquired for inclusion into the Nisqually National Wildlife Refuge for purposes of wildlife preservation and public hunting. The Order for Delivery of Possession was signed January 8, 1979. After a jury trial which resulted in a verdict for the appellants rendered August 13, 1980, the court entered a judgment on the verdict on September 12, 1980, in the amount of $74,-000.00, plus interest at 6% on the deficiency amount of $4,300.00.

Appellants-condemnees raise the following issues: (1) whether it was proper for the district court to have placed the burden of proving the fair market value of the condemned property upon the appellants; (2) whether the appellants should have been given the privilege to open and close the arguments to the jury; (3) whether the district court erred in instructing the jury not to consider interest as part of the jury’s…