THE SEARCH FOR TRUTH IN EMINENT DOMAIN--THE THEORY AND ART OF CROSS-EXAMINATION OF WITNESSES IN CONDEMNATION PROCEEDINGS

The importance of cross-examination is discussed and it is noted that only through experience alone can one master the art of advocacy. Cross-examinations, in an adversary proceeding, are viewed as the best method to ascertain the truth in the pursuit of justice. Two dangers in cross-examination are noted. One is to cross examine when it is unnecessary, the other is to overdo the cross-examination. In condemnation, the extent of compensation is determined by the highest and best use of the property. This concept is the foundation of market value. The highest and best use also relates to the market data approach to valuation; this approach consists of finding sales of comparable property and determining the value of the subject property by the comparisons. Examples of cross-examinations, with respect to sales and adjustments, advertising location, and speciality properties are discussed.

  • Availability:
  • Corporate Authors:

    American Right of Way Association

    3727 West 6th Street, Suite 504
    Los Angeles, CA  United States  90020
  • Authors:
    • Searles, S Z
  • Publication Date: 1978-5

Media Info

  • Pagination: p. 33-42
  • Serial:
    • Right of Way
    • Volume: 25
    • Issue Number: 3
    • Publisher: International Right of Way Association
    • ISSN: 0035-5275

Subject/Index Terms

Filing Info

  • Accession Number: 00177277
  • Record Type: Publication
  • Files: TRIS
  • Created Date: Oct 12 1978 12:00AM