Legal Opinion

United States v. 87.98 Acres of Land More or Less

Court of Appeals for the Ninth Circuit

Decided June 24, 2008No. 06-15410PublishedCited by 18 opinions

1Opinion of the Court

CANBY, Circuit Judge:

In this case, we review a district judge’s discretion to exclude expert testimony regarding electromagnetic fields (“EMFs”) in a condemnation action. The United States condemned an easement on land belonging to Donn Campion for the construction of power transmission lines. At trial, both sides offered expert testimony regarding diminution of value of the remaining land resulting from the power lines within the easement. While some of this testimony was allowed, the judge refused to let Campion’s expert, an environmental planner, testify about specific EMF levels on the…

2Cases cited11 opinions

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  2. Kumho Tire Co. v. CarmichaelSupreme Court of the United States · 1999
  3. United States Ex Rel. Tennessee Valley Authority v. PowelsonSupreme Court of the United States · 1943
  4. United States v. Gloria Ann MoralesCourt of Appeals for the Ninth Circuit · 1997
  5. United States v. Emerson SeschillieCourt of Appeals for the Ninth Circuit · 2002

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3Cited by18 opinions

  1. Building Industry Ass'n v. Washington State Building Code CouncilCourt of Appeals for the Ninth Circuit · 2012
  2. United States v. Espinoza-BazaCourt of Appeals for the Ninth Circuit · 2011
  3. United States ex rel. Tennessee Valley Authority v. An Easement & Right-of-Way Over 6.09 Acres of LandDistrict Court, N.D. Alabama · 2015
  4. Gable v. National Broadcasting Co.District Court, C.D. California · 2010
  5. Transwestern Pipeline Co. v. 46.78 Acres of Permanent Easement Located in Maricopa CountyCourt of Appeals for the Fourth Circuit · 2012

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