Legal Opinion

United States v. 191.07 Acres of Land, and Milan Martinek

Court of Appeals for the Ninth Circuit

Decided April 4, 2007No. 04-35131PublishedCited by 11 opinions

1Opinion of the Court

FARRIS, Circuit Judge:

Milan Martinek appeals the district court’s award of $339,850 in compensation for the taking by the United States of his unpatented gold-mining claims in Denali National Park and Preserve. He argues that the district court erred when it determined that he was not entitled to a trial by jury of just compensation for his claims, when it selected a valuation method different from those proposed by the parties, and when it set the rate of prejudgment interest. We affirm.

I. BACKGROUND

In 1986 Martinek was devised eleven unpatented goldmining claims comprising 191.07 acres…

2Cases cited17 opinions

  1. Palazzolo v. Rhode IslandSupreme Court of the United States · 2001
  2. Kirby Forest Industries, Inc. v. United StatesSupreme Court of the United States · 1984
  3. United States v. DowSupreme Court of the United States · 1958
  4. Verizon Communications Inc. v. Federal Communications CommissionSupreme Court of the United States · 2002
  5. William Joseph Quinn v. Glen Robinson, United States Marshal for the Northern District of CaliforniaCourt of Appeals for the Ninth Circuit · 1986

12 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Dreith v. Nu Image, Inc.Court of Appeals for the Ninth Circuit · 2011
  2. Harmston v. City and County of San FranciscoCourt of Appeals for the Ninth Circuit · 2010
  3. Wohl v. City of MissoulaMontana Supreme Court · 2013
  4. Quality Loan Service Corp. v. 24702 Pallas Way, Mission Viejo, CA 92691Court of Appeals for the Ninth Circuit · 2011
  5. South Grand View Development Company, Inc. v. City of Alabaster, AlabamaCourt of Appeals for the Eleventh Circuit · 2021

6 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API