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Title: ADMISSION OF PLAT NOT ERROR WHERE TESTIMONY CURES PREJUDICIAL DEFECTS
Accession Number: 00238706
Record Type: Component
Abstract: THE MISSOURI STATE HIGHWAY COMMISSION APPROPRIATED 22.39 ACRES OF CLAIMANT'S LAND FOR RIGHT-OF-WAY FOR INTERSTATE ROUTE 55 AND SUPPLEMENTAL ROADWAYS. AN ADDITIONAL EASEMENT OF 25.12 ACRES FOR A BORROW PIT WAS ALSO TAKEN FROM THE 75-ACRE TRACT. THE CONDEMNED LAND FOLLOWED AN EXISTING ROAD WHICH DIAGONALLY TRAVERSED THE DEFENDANT'S PROPERTY. THE CLAIMANT INTRODUCED TWO PLATS AT TRIAL WHICH HAD BEEN IN SHADES OF RED AND BLUE TO DESIGNATE THE APPROPRIATED LAND. VERDICT WAS RETURNED FOR THE DEFENDANTS AND THE COMMISSION APPEALED CERTIFYING AS ERROR THE ADMISSION OF THE PLATS. THE SUPREME COURT, 1ST DIVISION, AFFIRMED THE CIRCUIT COURT AS TO THE ADMISSION OF BOTH PLATS. THE COURT HELD THAT A PLAT MAY BE USED TO SUPPORT TESTIMONY RELATING TO HIGHEST AND BEST USE EVEN THOUGH THE PLAT DOES NOT DIRECTLY ESTABLISH SUCH USE. THE CASE HIGHLIGHTS THE PREVAILING JUDICIAL ATTITUDE ON PLATS AND MAPS. THEY INDICATE PRESUMPTIVE ADMISSIBILITY WITH DEFECTS CURED BY TESTIMONIAL CLARIFICATION. IF A PLAT WERE NOT ADMITTED, THE SAME DATA WOULD HAVE TO BE INTRODUCED THROUGH THE TESTIMONY OF A SURVEYOR. THIS MAGNIFIES THE DEGREE OF CONFUSION WHICH ACCOMPANIES ANY ATTEMPT TO ORALLY DEPICT PHYSICAL BOUNDARIES. MISSOURI STATE HIGHWAY COMMISSION V DELISLE, 425 S.W. 2D 938 (MO. S. CT. 1968).
Supplemental Notes: 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.
Pagination: pp 5-6
Publication Date: 1969-5
Serial: Media Type: Digital/other
TRT Terms: Subject Areas: Highways; Law
Files: TRIS, TRB
Created Date: Sep 22 1994 12:00AM
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