United States ex rel. Tennessee Valley Authority v. 12.3 Acres of Land (229 F.2d 587, 1956)

ALLEN, Circuit Judge.

In these consolidated cases instituted to condemn land on behalf of the TVA, the principal error claimed is that the right of cross-examination as to the monetary value placed by the landowner’s witnesses on the various elements of damage included in their estimates was denied. In accordance with the Tennessee Valley Authority Act, 16 U.S.C.A. § 831x, the cases were heard initially by three Commissioners. On trial de novo the District Court refused to grant a motion to remand the cases to the Commissioners for retrial and confirmed their awards. From this ruling these appeals are prosecuted. The facts are not in dispute.

In Case No. 12,499, a tract of some 90 acres is involved, of which the government has taken in fee 12.3 acres of land for the construction of a highway. The landowner’s witness was asked how much damage he assigned to the 7.6 aere tract which was cut off from the remainder of the property as a result of the taking. On objection by the landowner’s counsel the Chairman stated in effect that in these condemnation cases it was a rule