United States v. 4.16 Acres of Land

HALBERT, District Judge.

This Court has previously decreed, by judgment entered May 28,1956, that the award of compensation in this case must include the reasonable replacement cost of substitute bridge and road facilities. Defendants have moved for the referral of the issue of just compensation for such facilities to a commission under the provisions of Rule 71A(h), Fed.Rules Civ.Proc., 28 U.S.C.A. Plaintiff has made timely demand for jury trial in the case and opposes the granting of defendants’ motion. Hence, the sole issue for determination at this time is whether, in the discretion of the…