00148911

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The Federal and State cases on this subject are discussed in this paper as well as the statutes and rules adopted in various jurisdictions to resolve the uncertainties attending the discovery of expert opinion. Federal cases prior to July 1, 1970 are discussed, and Federal law since adoption of the 1970 amendments of the discovery rules is reviewed. Court decisions in California and New York are cited and analyzed. These states have the greatest exposure to eminent domain discovery and have adopted statutes regulating such discovery. State appellate decisions relating to the subject of pretrial discovery of appraisal information in other states are also discussed. The cases show that the resolution of the problems of pretrial discovery in eminent domain has been in favor of requiring greater disclosure of appraisal information, either through judicial opinions giving broad import to the regular civil discovery rules, or where the discovery rules are too restrictive in language or interpretation, by the adoption of statute or court rule requiring such increased disclosure. The opinion is also expressed that the trial of a condemnation case benefits greatly from the effective cross-examination which results from advance knowledge of the methods, theories, and opinions of the appraisal and engineering expert witness called by the opposing party, whether he be the condemnor or the condemnee. An appendix presents further information relating to statutes and court rules relating to eminent domain discovery.

A supplement to this paper by L.W. Thomas was published in Addendum 3, December 1982, pp 468-S1 through 468-S11.

English

p. 401-468

1976

Selected Studies in Highway Law

Appendices (2) ; References

Appraisals; Case studies; Courts; Eminent domain; Highways; Land values; Laws; Property condemnation; Witnesses

Finance; 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
• 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?