LAND ECONOMIC STUDIES: THEIR RECEPTION IN THE COURTROOM

THE CIRCUMSTANCES ARE EXAMINED UNDER WHICH THE COURTS WILL PERMIT THE DIRECT OR INDIRECT USE OF LAND ECONOMIC STUDIES, OR THE FACTS CONTAINED THEREIN, IN DETERMINING JUST COMPENSATION IN LITIGATION ARISING OUT OF THE TAKING OF PRIVATE PROPERTY UNDER THE POWER OF EMINENT DOMAIN FOR RIGHT OF WAY PURPOSES. IT IS SHOWN THAT BASICALLY PROVIDING THE JURY WITH THE BENEFIT OF SUCH DATA IS SUBJECT TO THE SAME RULES AS OTHER KINDS OF MARKET DATA EVIDENCE. IN EVERY STATE, THE RULE ON MARKET DATA EVIDENCE, A PROPER FOUNDATION RESPECTING THE SIMILIARITY BETWEEN THE LOCATION, TIME, AND CIRCUMSTANCES OF THE TRANSACTION DISCUSSED IN THE LAND ECONOMIC STUDIES, IS THE ESSENTIAL PREREQUISITE TO ADMISSION OF ANY EVIDENCE FROM THE LAND ECONOMIC STUDIES. PARTICULAR ATTENTION SHOULD BE DIRECTED TO LOCATION, AS POINTED OUT BY THE WISCONSIN SUPREME COURT IN THE HIETPAS CASE. FOR EXAMPLE ALL INTERCHANGES ARE NOT SUBJECT TO THE SAME MARKET INFLUENCE. /AUTHOR/

  • Corporate Authors:

    American Right of Way Association

    3727 West 6th Street, Suite 504
    Los Angeles, CA  USA  90020
  • Authors:
    • Burgoyne, B
  • Publication Date: 1969-6

Subject/Index Terms

Filing Info

  • Accession Number: 00238763
  • Record Type: Publication
  • Report/Paper Numbers: pp 63-67
  • Files: TRIS
  • Created Date: Jun 1 1970 12:00AM