TRIAL STRATEGY AND TECHNIQUES TO EXCLUDE NONCOMPENSABLE DAMAGES AND IMPROPER VALUATION METHODS IN EMINENT DOMAIN

The steps are discussed which have to be taken to preclude improper valuation items and noncompensable damages from the jury's consideration. Before trial, pretrial discovery, coupled with motions to suppress evidence, commonly referred to as "in limine" motions can be used effectively for this purpose. Certain steps that must be taken during every major part of the trial are discussed. Pretrial discovery in the forms of admissions, interrogatories, and particular depositions of landowners and their expert witnesses will often reveal that an opinion of land value and damages is based on criteria that are not judicially acceptable. Comments are made on jury selections, the opening statement, direct examination (basis of opinion should be stated before opinion is given; the landowner as a witness; objections; preliminary cross-examination or Vior Dire examination; and motion to strike), cross examination, rebuttal evidence, written instructions, and the closing argument.

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• Supplemental Notes:
  • A supplement to this paper by J.M. Montano was published in Addendum 1, June 1979, pp 382-S1 through 382-S5.
• Corporate Authors:

  Transportation Research Board

  500 Fifth Street, NW
  Washington, DC  United States  20001
• Authors:
  • Montano, J M
• Publication Date: 1976

Language

• English

Media Info

• Pagination: p. 347-382
• Serial:
  • Selected Studies in Highway Law
  • Volume: 1
  • Publisher: Transportation Research Board

Subject/Index Terms

• TRT Terms: Courts; Eminent domain; Employee compensation; Evidence; Judicial processes; Land values; Loss and damage
• Uncontrolled Terms: Compensation
• Old TRIS Terms: Jury selection
• Subject Areas: Highways; Law;

Filing Info

• Accession Number: 00148909
• Record Type: Publication
• Files: TRIS, TRB
• Created Date: Aug 28 1998 12:00AM