United States v. 22.80 Acres of Land, More or Less, in the County of San Benito, State of California

KEEP, District Judge:

By this appeal, the government challenges the amount of compensation awarded to landowners in an eminent domain proceeding. The district court found that the fair market value of the rock taken from appellee’s property was $.60 per ton for the limestone and $.25 per ton for the decomposed granite. Based upon the undisputed quantities actually removed by the government, the court entered judgment for the landowners in the amount of $642,-954.50. The government maintains that the district court erred in valuing the rock taken by using an estimated future income method…