State of Mont. By and Through Dept. of Highways of State of Mont. v. 14.62 Acres of Land, More or Less, on Flathead Indian Reservation

958 F.2d 378 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. STATE OF MONTANA, acting by and through the DEPARTMENT OF HIGHWAYS OF THE STATE OF MONTANA, Plaintiff-Appellant, v. 14.62 ACRES OF LAND, More or Less, on the FLATHEAD INDIAN RESERVATION; Juanita Selma Palin Bailey, et al., Defendants-Appellees. No. 91-35317. United States Court of Appeals, Ninth Circuit. Argued and Submitted Jan. 8, 1992. Decided March 18, 1992. Before EUGENE A. WRIGHT, WILLIAM A. NORRIS and CYNTHIA HOLCOMB HALL, Circuit Judges. 1 MEMORANDUM * 2 Joseph Bailey and a group of Native Americans operate a 600-acre ranch on the Flathead Indian Reservation. They raise Arabian horses, grow hay and occasionally sell gravel. Montana condemned 14.62 acres of the ranch to improve an existing roadway. A jury awarded the landowners $171,910 in compensation. The state alleges that this figure is excessive and based on inadmissible testimony. We reverse and remand for a new trial. 3 * The state argues that its…