Footnotes

Ark. Game , 133 S. Ct. at 515.

See, e.g., United States v. 100.80 Acres of Land (Parrish), 657 F. Supp. 269, 276 (M.D.N.C. 1987) (rejecting valuation of real estate appraiser whose expertise did not extend to minerals); see also USPAP Competency Rule; cf. United States v. Sowards, 370 F.2d 87, 92 (10th Cir. 1966) (“owner’s qualification to testify does not change the ‘market value’ concept and permit him . . . to establish a value based entirely upon speculation”).

Otay Mesa Property, L.P. v. United States (Otay Mesa I), 670 F.3d 1358, 1365 n.5 (Fed. Cir. 2012) (quoting Wyatt v. United States, 271 F.3d 1090, 1097

See, e.g., Otay Mesa I, 670 F.3d 1358 (rejecting compensation award of approximately $3 million based on erroneous finding of temporary taking), and on remand, 110 Fed. Cl. 732 (2013) (Otay Mesa II) (awarding $455,520 based on finding of permanent taking), aff’d, 779 F.3d 1315 (Fed. Cir. 2015) (Otay Mesa III).

Cannon Dam , 586 F.2d at 87.

E.g., United States v. 381.76 Acres of Land (Montego Group), No. 96-1813-CV, 2010 WL 3734003 (S.D. Fla. Aug. 3, 2010), aff’d, Doc. No. 239 (S.D. Fla. Sept. 22, 2010), aff’d sub nom. United States v. Gonzalez, 466 F. App’x 858 (11th Cir. 2012) (unpubl.) (per curiam).

United States v. 103.38 Acres in Morgan Cty. (Oldfield), 660 F.2d 208, 212 (6th Cir. 1981).

United States v. 499.472 Acres in Brazoria Cty., 701 F.2d 545, 549 (5th Cir. 1983); Oldfield, 660 F.2d at 212; United States v. 91.90 Acres of Land in Monroe Cty. (Cannon Dam), 586 F.2d 79, 87 (8th Cir. 1978); United States v. 158.76 Acres in Townshend, 298 F.2d 559, 561 (2d Cir. 1962); Ga. Kaolin Co. v.

Oldfield , 660 F.2d at 212; see, e.g. , Cameron Dev. Co. v. United States , 145 F.2d 209, 210 (5th Cir. 1944) (“The mere physical adaptability of the property to use as a source of supply of shell marl, in the absence of a market for its commercial production, did not effect an increase in its market value.”).

Olson v. United States , 292 U.S. 246, 255, 257 (1934); see, e.g. , United States v. Consol. Mayflower Mines, Inc. , 60 F.3d 1470, 1476-77 (10th Cir. 1995) (rejecting contention that “the Olson standard for considering a use not yet undertaken must be relaxed where the use is the extraction of minerals”).