TRIAL STRATEGY AND TECHNIQUES USING THE COMPARABLE SALES APPROACH TO VALUATION

The importance (to a trial attorney) of the psychology of the condemnation trial is emphasized, suggestions are made regarding the selection of the jury, and comments are made regarding the valuation witness and trial preparation. The determination of the fair cash market value of the land being condemned is also discussed. The basic principle of the comparable sales approach to value is that no prudent buyer of a property will pay more for that property than the amount for which he can purchase an equally desirable substitute property. Questions that could be asked of the witness are suggested. Sales to a condemning agency are discussed, and particular trial tactics are suggested. The attorney's presentation of his case on direct examination, and his method of so doing, will depend to a great extent on how the appellate courts have ruled on the admission of hearsay evidence of the sale prices of similar properties when testified by the expert valuation witness. Cases relevant to this aspect are quoted. Comments are made on the selection of witnesses and on the role of the judge.

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• Supplemental Notes:
  • A supplement to this paper by J.M. Montano was published in Addendum 1, June 1979, pp 282-S1 through 282-S6.
• Corporate Authors:

  Transportation Research Board

  500 Fifth Street, NW
  Washington, DC  United States  20001
• Authors:
  • Lindas, L I
• Publication Date: 1976

Language

• English

Media Info

• Pagination: p. 265-282
• Serial:
  • Selected Studies in Highway Law
  • Volume: 1
  • Publisher: Transportation Research Board

Subject/Index Terms

• TRT Terms: Alternatives analysis; Case studies; Courts; Land values; Property condemnation; Sales
• Old TRIS Terms: Condemnation
• Subject Areas: Finance; Highways; Law;

Filing Info

• Accession Number: 00148907
• Record Type: Publication
• Files: TRIS, TRB
• Created Date: Aug 28 1998 12:00AM