Footnote 414

There is a split of authority among federal courts on this issue, although it does not affect the appraiser’s role of determining the larger parcel in keeping with appropriate legal instructions. The Supreme Court has held that in a federal condemnation case, “except for the single issue of just compensation, the trial judge is to decide all issues, legal and factual, that may be represented.” United States v. Reynolds, 397 U.S. 14, 19 (1970); seeFed. R. ciV. P. 71.1(h). Many federal circuits hold based on Reynolds that “[u]nity of use is an issue for the court to decide.” Amexx I, 860 F. Supp. 2d at 179; accord DIBCO, 450 F.3d at 208-11; Imperial Beach, 612 F.2d at 463-64; United States v. 105.40 Acres of Land in Porter Cty., 471 F.2d 207, 212 (7th Cir. 1972); see Piza-Blondet, 585 F.3d at 10 (“While unity of use is an issue for the court to decide, unless some party objects, there is no