context: Under Federal Rule of Civil Procedure 71.1(h), determination of any scope of the project issue is the province of the judge, not the jury.
citation_a.signal: see also
citation_a.identifier: 605 F.2d 762, 809
citation_a.parenthetical: stating that the judge decides "whether the evidence warrants application" of the scope of the project rule and "whether or not any change in value attributable to the project should be included or disregarded"
citation_a.sentence: See Reynolds, 397 U.S. at 19-20, 90 S.Ct. 803 (“[I]t is for the judge to tell the jury the criteria it must follow in determining what amount will constitute just compensation, and that in order to do so he must decide the ‘scope-of-the-project’ issue as a preliminary matter.”); see also United States v. 320.0 Acres of Land, 605 F.2d 762, 809 (5th Cir.1979) (stating that the judge decides “whether the evidence warrants application” of the scope of the project rule and “whether or not any change in value attributable to the project should be included or disregarded”). Once the judge decides the scope of the project rule applies and sets the criteria for its application, it is for the jury to decide whether there in fact has been any increase or decrease in value due to the project, and by how much, on the basis of the evidence presented it. 320.0 Acres of Land, 605 F.2d at 809.
citation_b.signal: see
citation_b.identifier: 397 U.S. 19, 19-20
citation_b.parenthetical: "[I]t is for the judge to tell the jury the criteria it must follow in determining what amount will constitute just compensation, and that in order to do so he must decide the 'scope-of-the-project' issue as a preliminary matter."
citation_b.sentence: See Reynolds, 397 U.S. at 19-20, 90 S.Ct. 803 (“[I]t is for the judge to tell the jury the criteria it must follow in determining what amount will constitute just compensation, and that in order to do so he must decide the ‘scope-of-the-project’ issue as a preliminary matter.”); see also United States v. 320.0 Acres of Land, 605 F.2d 762, 809 (5th Cir.1979) (stating that the judge decides “whether the evidence warrants application” of the scope of the project rule and “whether or not any change in value attributable to the project should be included or disregarded”). Once the judge decides the scope of the project rule applies and sets the criteria for its application, it is for the jury to decide whether there in fact has been any increase or decrease in value due to the project, and by how much, on the basis of the evidence presented it. 320.0 Acres of Land, 605 F.2d at 809.