Does Federal Rule of Civil Procedure 71.1(h) create a heightened evidentiary standard in federal eminent domain cases?
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 [...]