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U.S. v. 4.85 ACRES OF LAND

No. 07-35310.

546 F.3d 613 (2008)

UNITED STATES of America; United States Army Corps of Engineers, Plaintiffs-Appellees, v. 4.85 ACRES OF LAND, MORE OR LESS, SITUATED IN LINCOLN COUNTY, State of MONTANA; Jerry Croskrey; County of Lincoln; Pamela Flowers; Caleb Flowers; 1.00 Acre of Land; Elmer Lloyd, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed September 29, 2008.

Attorney(s) appearing for the Case

Allan M. McGarvey, McGarvey, Heberling, Sullivan & McGarvey, Kalispell, MT, for the defendants-appellants.

Kathryn E. Kovacs, United States Department of Justice, Environment and Natural Resources Division, Washington, D.C., for the plaintiff-appellee.

Before: HARRY PREGERSON, WILLIAM C. CANBY, JR., and CYNTHIA HOLCOMB HALL, Circuit Judges.

HALL, Circuit Judge:

This dispute arises from a condemnation action involving several plots of land in Lincoln County, Montana. The property was vacant when condemned, but the landowners were attempting to develop a portion of it into subdivisions. During the trial on the issue of just compensation, the landowners sought to introduce evidence of sales at three nearby subdivisions which took place after the taking. The district court refused the evidence. The landowners...

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