In condemnation proceedings involving a 34 acre parcel used by the Federal Aviation Administration for aircraft navigation, the district court's judgment is affirmed where the district court: 1) did not abuse its discretion in excluding defendant's own testimony when the court had excluded similar testimony by defendant's expert; 2) did not err in holding that the "before and after" method was appropriate in valuing the property, assuming a partial taking; and 3) did not err in submitting to the jury unity of use. Defendant's remaining contentions were without merit.
Appeal from the United States District Court for the District of Puerto Rico
Decided September 11, 2009
For Appellant: Paul E. Harrison, Francisco Diez and J. Wayne Mumphrey.
For Appellee: Aaron P. Avila, Attorney, U.S. Dep't of Justice, John C. Cruden, Acting Assistant Attorney General and Jeffrey M. Tapick, Attorney, U.S. Dep't of Justice.