In eminent domain proceedings in federal court, Federal Rule of Civil Procedure 71.1(h) provides that “the court tries all issues” except for the amount of just compensation, which generally must be decided by a jury if “a party demands one.” Appellate courts have not provided much guidance on the procedural aspects of Rule 71.1(h), until Mt. Valley Pipeline, LLC v. 9.89 Acres of Land, 2025 U.S. App. LEXIS 1719, *2 (4th Cir. January 27, 2025). The Fourth Circuit Court of appeals held that that district courts must first determine the admissibility of evidence under the Federal Rules of Evidence and then try issues under Rule 71.1(h) by considering all admissible evidence together. The district court in this case In this case had concluded that Rule 71.1(h) increased its discretion to exclude expert testimony at the preliminary evidentiary stage. However, the Fourth Circuit stated this was “an improperly heightened evidentiary standard” and that when determining a contested factual issue under Rule 71.1(h), district courts should make findings of fact and conclusions of law, just as they would in a bench trial.
Ross Greene is a firm shareholder and chair of the firm’s Eminent Domain / Right of Way Practice Group. He focuses his practice in the areas of eminent domain, real estate, wills, trusts, estates, and business matters.
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