United States Ex Rel. Tennessee Valley Authority v. 109 Acres of Land

MEMORANDUM OPINION AND ORDER

NEESE, District Judge.

This is an eminent domain proceeding involving the taking of private property for public use by the federal government, functioning herein through the relator the Tennessee Valley Authority (TVA). Private property may not be taken for public use without just compensation. Constitution, Fifth Amendment.

Under its inherent power so to do, and prior to the effective date of the Federal Rules of Evidence, esp. Rule 706(b) thereof, the Court appointed an independent value expert witness to appraise the land taken and to testify before the jury his…