This review of the various rules pertaining to evidence in condemnation proceedings, focuses concern on the problems associated with proving the value of the property taken or damaged (this being the principal issue in most condemnation trials). The problems of admissibility of evidence to prove value are discussed, as well as problems pertaining to competency or qualifications of opinion witnesses to testify, and problems pertaining to the rights to a jury view of the premises. The present law of evidence applicable to highway eminent domain proceedings is described, and the state-to-state divergencies that appear in the law of evidence are identified and analyzed. The paper also makes suggestions for improving and standardizing the rules of evidence while at the same time being cognizant of the fact that the rules of evidence are affected by the rules of compensability and the rules of valuation. Statutory provisions relating to evidence in eminent domain proceedings are listed (by state) in an appendix.

  • Digital Copy:
  • Supplemental Notes:
    • The project that is the subject of this report was part of the National Cooperative Highway Research Program conducted by the Transportation Research Board with the approval of the Governing Board of the National Research Council. This article appears in Selected Studies in Highway Law, Volumes One and Two.
  • Corporate Authors:

    Transportation Research Board

    500 Fifth Street, NW
    Washington, DC  United States  20001
  • Authors:
    • Massey, D T
  • Publication Date: 1976

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Filing Info

  • Accession Number: 00148906
  • Record Type: Publication
  • Files: TRIS, TRB
  • Created Date: Mar 30 1977 12:00AM