William O. Douglas

“ The Department of Justice and other federal agencies [3] often seem to dislike juries in condemnation cases. In my Circuit, juries have unexpectedly risen up in favor of homeowners and against Washington, D.C., and granted 'just compensation' in large sums, in retaliation, it is believed, against hard-nosed officials who, with all the power of the central government, seek to plow them under. At other times the jury has acted differently and cut down the award. ”

“ The most central element of price in the area now litigated was the relation of the land to the original project and that issue was one of fact. The 'issue of just compensation' [2] as used in Rule 71A (h) truly cannot be resolved without considering that question.
There seems to be no reason why the jury chosen by Congress to decide the final issue of 'just compensation' should be denied the power to determine the subordinate issues of fact upon which the jury's final verdict must rest.
There are powerful forces loose in this country that deprecate the use of juries. ”

“ If the property were not within the original design, a purchaser could reasonably anticipate that he would be able to devote the land to its highest economic use reflected in part by its proximity to the Government's project. ”