|
|
|
Title: SEEDLING TREES INCAPABLE OF TRANSPLANT NOT A SPECIAL CROP, BUT MAY BE CONSIDERED FOR INCOME LOSS AND VALUATION OF LAND ON WHICH THEY ARE LOCATED
Accession Number: 00238628
Record Type: Component
Abstract: THE DEFENDANT LANDOWNER SUFFERED EXPROPRIATION OF PROPERTY CONTAINING TREES ALLEGED TO CONSTITUTE A SPECIAL CROP FOR PURPOSES OF BOTH HARVESTING AND NURSERY RESALE. THE COURT DETERMINED THAT THE TREES WERE PREDOMINANTLY SEEDLING AND COULD NOT BE ECONOMICALLY REMOVED AND REPLANTED. IN FINDING THAT THE PECAN GROVE DID NOT CONSTITUTE A NURSERY STOCK OR A SPECIAL STOCK, THE COURT CONFINED ITS SPECULATION TO THE CROP VALUE OF THE TREES THEMSELVES, RATHER THAN ANY FRUIT THEY MIGHT BEAR. THE COURT HELD THAT WHERE AN EXPERT DOES GIVE A VALUE TO THE LAND AND DOES NOT SEPARATELY ASSIGN A VALUE TO THE TREES HE IS PRESUMMED TO HAVE CONSIDERED THE VARIOUS VALUES OF THE TREES IN REACHING HIS TOTAL VALUATION OF THE LAND. (STATE, DEPARTMENT OF HIGHWAYS =. BLACK, 207 SO. 2D 583 (LA. APP. 1968)).
Supplemental Notes: No 89, P 7. 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: Old TRIS Terms: Subject Areas: Finance; Highways; Law
Files: TRIS, TRB
Created Date: Feb 10 1994 12:00AM
More Articles from this Serial Issue:
|
