|
|
|
Title: DISCOVERY -- A LANDOWNER DEPENDING FEDERAL CONDEMNATION IS ENTITLED TO TAKE PRETRIAL DESPOSITIONS OF THE GOVERNMENT'S EXPERT APPRAISERS AND TO INTERROGATE THEM ON THEIR OPINION OF THE LAND'S VALUE AND BEST USE
Accession Number: 00238622
Record Type: Component
Abstract: A U.S. COURT OF APPEALS REFUSED TO EXTEND THE WORK PRODUCT EXCEPTION FROM DISCOVERY FOUND IN HICKMAN V. TAYLOR, 329 U.S. 495 (1947). IT FOUND THAT DISCOVERY FROM THE APPRAISERS IS NOT LIKELY TO PRODUCE THE EVILS AGAINST WHICH THE HICKMAN CASE WAS DIRECTED. IF A SUBSTANTIAL POSSIBILITY OF ADVERSE CONSEQUENCES, SUCH AS UNDUE INTERFERENCE WITH COMPLETION OF THE APPRAISER'S WORK, APPEARS TO EXIST IN A GIVEN CASE THE COURT HELD THAT THE APPROPRIATE REACTION WOULD BE A PROTECTIVE ORDER DRAWN TO PREVENT THE ABUSE, NOT A BROAD FORECLOSURE OF DISCOVERY. (U.S. V. MEYER, 7/17/68).
Supplemental Notes: No 87, P 8. 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.
Publication Date: 1968-12
Serial: Media Type: Digital/other
TRT Terms: Geographic Terms: Old TRIS Terms: Subject Areas: Finance; Highways; Law
Files: TRIS, TRB
Created Date: Feb 10 1994 12:00AM
More Articles from this Serial Issue:
|
