The Proposed Condemnation Rule


The Proposed Rule to Govern Condemnation Cases in the United States District Courts has now been under consideration for a dozen years. The first draft of the Advisory Committee on Rules of Civil Procedure appeared with other civil rules in the Report of April, 1937, though it was withdrawn in the Final Report of November, 1937. Later drafts appeared in May, 1944, and in June, 1947, while in May, 1948, the Committee made a final report and recommendation to the Supreme Court. The Court has, however, returned the draft for further consideration by the Committee, particularly with respect to the vexing problem of the form of trial of the issue of just compensation. Thus it has taken longer to draft this rule than any other of the uniform rules adopted by the Court, though the number of practitioners interested in the subject at any one time has not been large. It may be said, however, that they make up in emotion whatever they may lack in numbers

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