ECONOMIC EVIDENCE IN RIGHT-OF-WAY LITIGATION

TOOLS AND MATERIALS ARE PRESENTED FOR BRIDGING THE GAP BETWEEN CURRENT ECONOMIC PRACTICE AND THE LEGAL TESTS SUPPLEMENTED BY A CLEAR DESCRIPTION AND ANALYSIS OF THE PRESENT EVIDENTIARY RULES AND TESTS. THE MATERIALS PRESENTED ON ECONOMIC ORIENTATION OF CONDEMNATION CASES, AND THE SUGGESTIONS FOR THE UTILIZATION OF VARIOUS TYPES OF EVIDENTIARY MATERIALS IN SUCH CASES INDICATE A BELIEF THAT ECONOMICS FACTS SHOULD SERVE THE COURT IN ESTABLISHING LEGAL FACT. EXISTING LEGAL PRACTICES WITH RESPECT TO THE ADMISSION AND USE OF RESEARCH EVIDENCE HAVE INDICATED THAT SUCH RESULTS AND TECHNIQUES HAVE MADE DEFINITE CONTRIBUTIONS TO THE JUDICIAL FACT-FINDING AND DECISION-MAKING PROCESSES. LAND ECONOMIC STUDIES, SEVERANCE STUDIES, ECONOMIC STATISTICS, AND OTHER RESEARCH DATA NEED BETTER PROCEDURAL METHODS TO BE INTRODUCED AS EVIDENCE PERTAINING TO LAND VALUES. THE GOAL OF CONDEMNATION PROCEEDINGS IS TO AWARD JUST COMPENSATION. BECAUSE SUCH AN AWARD DEPENDS ON PROPERTY VALUE, DAMAGES, AND FREQUENTLY BENEFITS ASSIGNED TO THE LAND IN QUESTION, IT FOLLOWS THAT THESE MAY BE MORE ACCURATELY DETERMINED BY OBJECTIVE RESEARCH METHODS. THE PRODUCTS OF THESE METHODS COULD SERVE AS A MEANS FOR SUBSTANTIATING OR COST-EXAMINING EXPERT TESTIMONY AND AS INDEPENDENT EVIDENCE ON ISSUES SUCH AS: AFTERVALUE WHERE THE BEFORE-AND-AFTER FORMULA IS APPLIED, SEVERANCE DAMAGES, SPECIAL BENEFITS, AND GENERAL BENEFITS. PARTIAL TAKINGS OF PROPERTY ON A WHOLESALE BASIS ARE RELATIVELY NEW IN CONDEMNATION LAW. THE RESEARCH SPONSORED IN HIGHWAY ECONOMIC IMPACT, SEVERANCE DAMAGES, AND HIGHWAY LAW IS ESSENTIAL FOR PROVIDING COURT APPRAISERS AND AN INFORMED PUBLIC WITH THE BASIC DECISION-MAKING MATERIALS. COURTS AND LEGAL COUNCIL MUST DESIRE TO UTILIZE ECONOMIC DATA CURRENTLY AVAILABLE WITHIN THEIR STATES, AND OBTAINED UNDER SYSTEMATIC PROCEDURES.

Media Info

  • Media Type: Print
  • Features: Appendices; References;
  • Pagination: pp 45-91
  • Monograph Title: Land Acquisition 1962
  • Serial:

Subject/Index Terms

Filing Info

  • Accession Number: 00200834
  • Record Type: Publication
  • Files: TRIS, TRB, ATRI
  • Created Date: Jul 8 1994 12:00AM