00148909

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The steps are discussed which have to be taken to preclude improper valuation items and noncompensable damages from the jury's consideration. Before trial, pretrial discovery, coupled with motions to suppress evidence, commonly referred to as "in limine" motions can be used effectively for this purpose. Certain steps that must be taken during every major part of the trial are discussed. Pretrial discovery in the forms of admissions, interrogatories, and particular depositions of landowners and their expert witnesses will often reveal that an opinion of land value and damages is based on criteria that are not judicially acceptable. Comments are made on jury selections, the opening statement, direct examination (basis of opinion should be stated before opinion is given; the landowner as a witness; objections; preliminary cross-examination or Vior Dire examination; and motion to strike), cross examination, rebuttal evidence, written instructions, and the closing argument.

A supplement to this paper by J.M. Montano was published in Addendum 1, June 1979, pp 382-S1 through 382-S5.

English

p. 347-382

1976

Selected Studies in Highway Law

Courts; Eminent domain; Employee compensation; Evidence; Judicial processes; Land values; Loss and damage

Compensation

Highways; Law

TRIS, TRB

Aug 28 1998 12:00AM

• DAMNUM ABSQUE INJURIA AND THE CONCEPT OF JUST COMPENSATION IN EMINENT DOMAIN
• EMINENT DOMAIN: A LOOK AT CURRENT PROBLEMS AND FUTURE DEVELOPMENTS
• OVERVIEW OF RULES OF COMPENSABILITY AND VALUATION EVIDENCE FOR HIGHWAY LAND ACQUISITION
• RULES OF DISCOVERY AND DISCLOSURE IN HIGHWAY CONDEMNATION PROCEEDINGS
• THE MEANING OF HIGHWAY PURPOSE
• TRIAL AIDS IN HIGHWAY CONDEMNATION CASES
• 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?