00148906

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This review of the various rules pertaining to evidence in condemnation proceedings, focuses concern on the problems associated with proving the value of the property taken or damaged (this being the principal issue in most condemnation trials). The problems of admissibility of evidence to prove value are discussed, as well as problems pertaining to competency or qualifications of opinion witnesses to testify, and problems pertaining to the rights to a jury view of the premises. The present law of evidence applicable to highway eminent domain proceedings is described, and the state-to-state divergencies that appear in the law of evidence are identified and analyzed. The paper also makes suggestions for improving and standardizing the rules of evidence while at the same time being cognizant of the fact that the rules of evidence are affected by the rules of compensability and the rules of valuation. Statutory provisions relating to evidence in eminent domain proceedings are listed (by state) in an appendix.

The project that is the subject of this report was part of the National Cooperative Highway Research Program conducted by the Transportation Research Board with the approval of the Governing Board of the National Research Council. This article appears in Selected Studies in Highway Law, Volumes One and Two.

p. 109-263

1976

Selected Studies in Highway Law

Case studies; Eminent domain; Employee compensation; Evidence; Land values; Laws; Property acquisition; Property condemnation; Standardization

Compensation

Highways; Law

TRIS, TRB

Mar 30 1977 12:00AM

• DAMNUM ABSQUE INJURIA AND THE CONCEPT OF JUST COMPENSATION IN EMINENT DOMAIN
• EMINENT DOMAIN: A LOOK AT CURRENT PROBLEMS AND FUTURE DEVELOPMENTS
• RULES OF DISCOVERY AND DISCLOSURE IN HIGHWAY CONDEMNATION PROCEEDINGS
• THE MEANING OF HIGHWAY PURPOSE
• TRIAL AIDS IN HIGHWAY CONDEMNATION CASES
• TRIAL STRATEGY AND TECHNIQUES TO EXCLUDE NONCOMPENSABLE DAMAGES AND IMPROPER VALUATION METHODS IN EMINENT DOMAIN
• TRIAL STRATEGY AND TECHNIQUES USING THE COMPARABLE SALES APPROACH TO VALUATION
• TRIAL STRATEGY AND TECHNIQUES USING THE COST LESS DEPRECIATION APPROACH TO VALUATION
• TRIAL STRATEGY AND TECHNIQUES USING THE INCOME APPROACH TO VALUATION
• VALUATION AND CONDEMNATION OF SPECIAL PURPOSE PROPERTIES
• WHERE DOES POLICE POWER END AND EMINENT DOMAIN BEGIN?