00148910

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This discussion of the various objects and devices to supplement oral testimony and argument in eminent domain cases, reviews some of the problems of admissibility of evidence and suggests a course based on general rules. In the opening statement, the use of plans, drawings, maps or aerial photographs is almost mandatory for orientation of the court or jury. Jury view of the premises is the best of all trial aids. There are instances, however, when a jury view would not aid the trier of the fact. It is noted that rejected offers of exhibits are much more frequently grounded on the basic principles of competence, materiality and relevance, than on the object form of evidence. The counsel should put an exhibit in proper perspective even though it may be admitted. The use of aids in cross-examination is discussed and comments are made on the closing argument. The preparation and choice of exhibits are discussed. Several techniques are available for the addition of relevant details. These include: plastic overlays, scale models, diagrams, charts, graphs, maps, photography, renderings, and videotape.

This paper was also published as NCHRP Research Results Digest No. 111, April 1979, 11 pages.

English

p. 383-400

1976

Selected Studies in Highway Law

Case studies; Courts; Eminent domain; Evidence; Highways; Maps; Photography; Property condemnation; Scale models; Videotapes

Bridges and other structures; 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 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?