LEGAL PROBLEMS IN PRESENTING VALUATION TESTIMONY IN CONDEMNATION PROCEEDINGS

IN THIS REPORT THE FOLLOWING ASSERTIONS ARE MADE: THE FUNDAMENTAL LAW REQUIRES PAYMENT OF "JUST COMPENSATION" FOR FOR PRIVATE PROPERTY "YAKEN" OR DAMAGED FOR PUBLIC USE; THE DETERMINATION OF "PUBLIC USE" IS A LEGISLATIVE QUESTION, GENERALLY (MISSISSIPPI BEING AN EXCEPTION); ONCE THE O"USE" HAS BEEN DECLARED, WHAT COMPENSATION IS "JUST" BECOMES A JUDICIAL INQUIRY; THE COURTS HAVE ANSWERED THE INQUIRY WITH "MARKET VALUE"; AND, FINALLY, "MARKET VALUE" MUST BE ESTABLISHED GENERALLY AS DAMAGES IN OTHER CIVIL ACTIONS FOR DAMAGES, USING THE RULES OF EVIDENCE PERTAINIING THERETO.

  • Authors:
    • Walley, B H
  • Publication Date: 1971-12

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Filing Info

  • Accession Number: 00238995
  • Record Type: Publication
  • Report/Paper Numbers: 15 pp
  • Files: TRIS
  • Created Date: May 15 1974 12:00AM