United States of America v. 75.746 Acres of Land et al
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|Date Filed||#||Document Text|
|June 9, 2010
ORDER - We tried this eminent domain action under Rule 71.1, Fed. R. Civ. P., on May 11 and 12, 2010. These are our findings and conclusions under Rule 52(a), Fed. R. Civ. P. The United States acquired an aviation easement over 75.746 acres of land, part of a larger parcel of 211.58 acres, owned by Ashby Land LLC, located at the end of the southwest runway at Luke Air Force Base in Glendale. The only issue in dispute is the amount of just compensation due, measured by the fair market value of th e land on the day of taking, here, October 6, 2008. I find and conclude that there were no comparables to the subject property, and that Nagy's use of sales outside the Luke area for properties that were not used for rose bush farming failed to give a true measure of value. Thus, Brophy was right to not use the comparable sales method, because there were no legitimate comparables. I find that the income approach for this land, which is uniquely suited to rose bush farming, is a reasonable a pproach where there simply are no comparables. The clerk is directed to enter final judgment in favor of the defendants and against the United States in the amount of $3.1 million. Signed by Judge Frederick J Martone on 6/8/10. (NOTE: See Order for full details)(KMG)
|April 7, 2010
ORDER denying Pla's 51 Motion for Partial Summary Judgment. Signed by Judge Frederick J Martone on 04/07/10.(ESL)
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