00238726

Component

https://onlinepubs.trb.or...inepubs/sr/sr76/76-006.pdf

THE MARYLAND STATE ROADS COMMISSION ACQUIRED 55 ACRES OWNED BY THE CHAMPION BRICK COMPANY TO BE USED IN CONNECTION WITH CONSTRUCTION OF AN INTERCHANGE ON THE BALTIMORE COUNTY BELTWAY AND NORTHEASTERN EXPRESSWAY. THE VALUE OF THIS LAND AND CONSEQUENTIAL DAMAGES TO THE BRICK COMPANY'S NEARBY MANUFACTURING PLANT WERE DISPUTED, AND LED TO THIS TRIAL. THIS CASE DEMONSTRATES THAT THE PROCESS OF PROOF IN CONDEMNATION CASES IS CAPABLE OF REDUCING EXTREMELY LENGTHY AND COMPLEX MASSES OF FACTS TO UNDERSTANDABLE PROPORTIONS AND PRESENTING THEM TO JURIES OF LAYMEN SO THAT THEY CAN PASS JUDGMENT IN AN INTELLIGENT MANNER. THE QUESTION OF PRIME IMPORTANCE WAS THAT OF CONSEQUENTIAL DAMAGES RESULTING FROM THE REDUCED AMOUNT AND AVAILABILITY TO THE COMPANY OF ITS CLAY SUPPLY. THIS BOILED DOWN TO WHETHER A LANDOWNER CAN BE COMPENSATED FOR DAMAGES TO A PARCEL OF LAND AS A RESULT OF TAKING FROM HIM OF ANOTHER PARCEL WHICH ALTHOUGH NOT CONTIGUOUS, IS CONNECTED INSEPARABLY IN THE USE OF THE FORMER PARCEL. THIS APPEARS TO BE THE FIRST TIME IN THE HISTORY OF MARYLAND'S EMINENT DOMAIN LAW THAT THE BURDEN OF PROOF OF VALUE WAS PLACED ON EITHER PARTY IN A CONDEMNATION PROCEEDINGS. TRIAL TACTICS AND MODELS USED ARE DESCRIBED. A THREE-DIMENSIONAL CROSS- SECTION OF THE SITE WAS CONSTRUCTED AND DISPLAYED TO THE JURY USING CLEAR PLASTIC PANELS SET ON A BASE MAP OF THE SITE. BOTH THE SURFACE CONTOURS AND SUBSURFACE DEPOSITS WERE MADE TO APPEAR IN THEIR PROPER SIZES, SHAPES, AND RELATIONSHIPS. THE JURY AWARDED CONSEQUENTIAL DAMAGES TO THE CHAMPION BRICK COMPANY. THE CASE EMPHASIZES THE VALUE OF EXPERTLY PREPARED VISUAL AIDS TO PRESENT TECHNICAL DATA WHICH MIGHT OTHERWISE BE UNINTELLIGIBLE TO LAY PERSONS. ADEQUATE PREPARATION WITH EMPHASIS ON AN ORDERLY PRESENTATION AND LUCID DEMONSTRATION OF THE FACTS WILL ALWAYS BE THE BEST INSURANCE THAT COUNSEL CAN HAVE OF A CORRECT AND FAIR VERDICT.

pp 70-77, 2 FIG. Distribution, posting, or copying of this PDF is strictly prohibited without written permission of the Transportation Research Board of the National Academy of Sciences. Unless otherwise indicated, all materials in this PDF are copyrighted by the National Academy of Sciences. Copyright © National Academy of Sciences. All rights reserved.

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pp 70-77

1962

Highway Research Board Special Report

Workshop on Highway Law

Digital/other

Figures; Photos

Appraisals; Eminent domain; Employee compensation; Interchanges; Loss and damage; Proof; Property acquisition; Property condemnation; Visual aids

Compensation

Economics; Finance; Highways; Law; Society

TRIS, TRB

Sep 29 1994 12:00AM

• ACQUISITION THROUGH ADMINISTRATIVE PROCEDURES
• CONTRACT ADMINISTRATION: PROBLEMS OF ENFORCEMENT
• CONTRACT ADMINISTRATION: THE CHALLENGE OF CHANGED CONDITIONS
• CONTROL OF ROADSIDE LAND USE, BILLBOARDS, AND SUBDIVISIONS
• GUIDE LINES FOR DETERMINING TORT LIABILITY OF HIGHWAY AGENCIES AND CONTRACTORS
• HIGHWAY LAW REVISION STUDIES: THE RESEARCHER'S VIEW
• HIGHWAY LAW REVISION STUDIES: WYOMING
• HIGHWAY LAWS RESEARCH
• HIGHWAY PROGRAMS AND HIGHWAY LAWS AND DISCUSSION
• LIABILITY FOR COST OF RELOCATING UTILITIES DUE TO HIGHWAY IMPROVEMENTS
• LIABILITY FOR DRAINAGE DAMAGE
• MEASURE AND PROOF OF DAMAGES
• PRE-TRIAL DISCOVERY TACTICS
• PREPARATION OF APPRAISAL TESTIMONY
• STRATEGY AND TACTICS IN HIGHWAY CONDEMNATION CASES: AN ANALYSIS
• THE CONTINUING EVOLUTION OF INVERSE CONDEMNATION
• THE FUTURE OF ABUTTERS' RIGHTS: ACCESS
• THE ROLE OF RESEARCH IN LEGISLATIVE ADVOCACY
• TRIAL AIDS IN CONDEMNATION CASES
• USE OF ECONOMIC EVIDENCE IN CONDEMNATION CASES