00238728

Component

https://onlinepubs.trb.or...inepubs/sr/sr76/76-008.pdf

EXPERIENCE IN ALABAMA BEARS OUT THE FACT THAT THE CHIEF ISSUE IN MOST EMINENT DOMAIN CASES IS VALUATION. THE KEY TO SUCCESSFUL TRIAL OF CONDEMNATION ACTIONS IS GOOD PREPARATION OF APPRAISAL TESTIMONY. THE FIRST STEP IN THE PREPARATION OF APPRAISAL TESTIMONY INVOLVES PREPARATION OF THE ATTORNEY WHO WILL EXAMINE THE WITNESS. HE MUST FIRST ACQUIRE A THOROUGH UNDERSTANDING OF THE APPRAISER'S REPORT, INCLUDING A FAMILIARITY WITH THE COMPARABLES THAT THE APPRAISER CITES, AND HE SHOULD TURN TO THE TESTIMONY REGARDING COMPARABLE SALES. IN SOME RESPECTS THE OVER-ALL PROBLEM IS SIMPLER THAN IN OTHER STATES BECAUSE ALABAMA'S EMINENT DOMAIN LAW IS NOT VERY COMPLEX, AND THE ADMINISTRATIVE LAW AND PROCEDURE ARE NOT AS EXTENSIVE AS IN SOME OF THE LARGER, MORE URBANIZED STATES. CERTAIN PROBELMS EXIST WHEREVER EMINENT DOMAIN IS INVOLVED: (1) WHEN TWO COMPETENT APPRAISERS HAVE BEEN USED AND ONE TURNS OUT TO BE MUCH HIGHER THAN THE OTHER, (2) HOW MUCH APPRAISAL TESTIMONY SHOULD BE INTRODUCED AT THE COMMISSIONERS' PRELIMINARY HEARING, AND (3) THE PROBLEM OF SUPPLEMENTAL APPRAISALS. ALL OF THESE PROBLEMS DESERVE ATTENTION WHENEVER RIGHT-OF- WAY IS TO BE AQUIRED THROUGH CONDEMNATION PROCEEDINGS.

pp 82-84. 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.

01410760

pp 82-84

1962

Highway Research Board Special Report

Workshop on Highway Law

Digital/other

Appraisals; Case studies; Eminent domain; Guidelines; Legal documents; Property acquisition; Property condemnation; Right of way (Land); Testimony

Preparation

Finance; Highways; Law

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
• STRATEGY AND TACTICS IN HIGHWAY CONDEMNATION CASES: AN ANALYSIS
• THE CHAMPION BRICK CASE: A STUDY IN THE PROOF OF VALUE
• 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