Federal Rule of Civil Procedure 71.1 provides that any party to a condemnation case may have a trial by a jury on the issue of just compensation by filing a demand therefor unless the court in its discretion orders that, because of the character, location or quantity of the properties to be condemned, or for other reasons in the interest of justice, the issue of just compensation should be determined by a commission of three persons appointed by the court. The rule further provides that trial of all issues shall otherwise be by the court.

In order to preserve the right to a trial by a jury or commission, a demand for a jury trial should be filed when the Land Acquisition Section requests such demand or the United States Attorney determines that it is in the interest of the United States that a jury trial should be demanded. In condemnation cases, the demand for a trial by jury should be endorsed upon the complaint in condemnation (ENRD Resource Manual at 24 or 25), and notice of the demand should be included in the notice of condemnation. See ENRD Resource Manual at 27.

United States Attorneys are authorized to waive jury trials if, in their discretion, it is in the interest of the United States to do so, except when contrary instructions are issued by the Land Acquisition Section as to a particular case.

If it is subsequently determined that the use of a commission is advisable, a motion should be made for the appointment of the commission. The motion should set forth the facts justifying the use of the commission. The order of court appointing the commission should include a finding of fact by the court as to the necessity for use of the commission. Instructions with respect to trial settings, or a hearing before a commission, are set forth in the ENRD Resource Manual at 11.

[updated April 2018]