Booras v. Iowa State Highway Commission Ex Rel. State

207 N.W.2d 566, 1973 Iowa Sup. LEXIS 1039
CourtSupreme Court of Iowa
DecidedMay 23, 1973
Docket55458
StatusPublished
Cited by7 cases

This text of 207 N.W.2d 566 (Booras v. Iowa State Highway Commission Ex Rel. State) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Booras v. Iowa State Highway Commission Ex Rel. State, 207 N.W.2d 566, 1973 Iowa Sup. LEXIS 1039 (iowa 1973).

Opinions

HARRIS, Justice.

The Iowa State Highway Commission (the commission) condemned land owned by Peter P. and Angeline P. Booras (plaintiffs) in connection with a highway project in Battendorf, Iowa. On appeal to district court from the award of the condemnation commission the jury fixed plaintiffs’ damages at $23,500. The trial court thereafter sustained the commission’s motion for a new trial or remittitur, granting a new trial unless plaintiff agreed to remit the amount of award exceeding $21,000. Plaintiffs appeal. We affirm in part, reverse in part and remand with directions.

Plaintiffs purchased the property in April 1960 for $21,000. It was condemned in its entirety in this proceeding September 3, 1968. In sustaining the motion for new trial the trial court agreed it had erred in all of several respects claimed. They fall into the categories treated in the following divisions.

I. Evidence of two sales of property thought to be similar to that in question was admitted and later stricken. The two sales occurred subsequent to the date of condemnation. Plaintiffs’ expert appraiser testified over objection of sales occurring May 1, 1969 and September 22, 1970 which he considered to be comparable. More evidence of these sales was later received during plaintiffs’ cross-examination of the commission’s appraisal witnesses. At the close of all evidence the trial court sustained the commission’s motion to strike all evidence of the sales occurring subsequent to the date of condemnation. After the motion was sustained the jury was instructed accordingly. The commission now argues it was error to place the evidence before the jury and the error was not effectively cured when the evidence was stricken.

Evidence of comparable sales was admitted only on a limited basis in Iowa prior to our holding in the first Redfield case, Redfield v. Iowa State Highway Commission, 251 Iowa 332, 99 N.W.2d 413. That opinion extended the proper use of comparable sales from that of a mere tool testing the credibility of the witness. Thereafter such evidence was allowed as substantive proof of value. Separate but related questions have existed both before and after the ¡first Redfield case as to sales of comparable property occurring after the date of condemnation.

It is error to admit evidence of a comparable sale where the land sold had been enhanced in value by the contemplated improvement. Redfield v. Iowa State Highway Commission, 252 Iowa 1256, 110 N.W.2d 397; Iowa Development Co. v. Iowa State Highway Commission, 252 Iowa 978, 108 N.W.2d 487; 27 Am.Jur.2d, Eminent Domain, section 430, page 335. We are now presented with a derivative question. Is evidence of a subsequent comparable sale always inadmissible or does it merely become inadmissible when enhancement is shown ?

We have had occasion to describe the foundation required for evidence of a comparable sale on a number of occasions. We have never suggested that evidence of comparable sales can only be admitted if the sales occurred prior to the date of condemnation. In the first Redfield case we said in adopting the Massachusetts rule:

“ * * * For the evidence to be admitted it must be shown that the conditions are similar. 'Similar does not mean identical, but having a resemblance; and property may be similar in the sense in which [568]*568the word is here used though each possess various points of difference.’ Forest Preserve Dist. of Cook County v. Lehmann Estate, Inc., 388 Ill. 416, 58 N.E.2d 538, 544. Size, use, location and character of the land, time, mode and nature of the sale all have a bearing on the admissibility of such evidence.
“Much must necessarily be left to the sound discretion of the trial court as to whether or not the conditions are met which make the admissability rule applicable.” Redfield v. Iowa State Highway Commission, 251 Iowa 332, 341-342, 99 N. W.2d 413, 418-419.

Our later holdings have been-in accord. In re Primary Road No. Iowa 141, 255 Iowa 711, 124 N.W.2d 141; Belle v. Iowa State Highway Commission, 256 Iowa 43, 126 N.W.2d 311; Martinson v. Iowa State Highway Commission, 257 Iowa 687, 134 N.W.2d 340; Jones v. Iowa State Highway Commission, 259 Iowa 616,144 N.W.2d 277; Linge v. Iowa State Highway Commission, 260 Iowa 1226, 150 N.W.2d 642; Crozier v. Iowa-Illinois Gas & Electric Co., 165 N.W. 2d 833 (Iowa 1969); Socony Vacuum Oil Co. v. State, 170 N.W.2d 378 (Iowa 1969); Perry v. Iowa State Highway Commission, 180 N.W.2d 417 (Iowa 1970).

No challenge is made as to the foundation for the sales claimed here to be comparable. There is some claim, though the record is devoid of any showing, that the property sold had been enhanced in value by the proposed improvement. The trial court found no evidence of enhancement. It later struck evidence of the subsequent comparable sales on a sole and different ground. The court sustained the condemnor’s motion, striking the evidence “ * * * for the reason that any sales occurring after the date of condemnation in this case, September 4, 1968, were after the date fixed by a law for the consideration of the assessment of damages, and it is necessary that the property be taken as it was on that date, with all of the same information and facts which were available to the Condemnation Commission at the time they entered their Order fixing the damages that they, in effect, thought should be allowed.” We hold the trial court was right in originally admitting the evidence and was in error in later striking it. See 1 Orgel, Valuation Under Eminent Domain, section 137 (2d Ed. 1953).

Of course any such enhancement would have made evidence of the sales inadmissible. However evidence in this record negatives any claim of enhancement. The expert appraisers denied there yvas any enhancement. The condemnor concedes the objector has the burden of proof to show evidence of an otherwise comparable sale is not admissible because the property is enhanced by the proposed project. Redfield v.

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Booras v. Iowa State Highway Commission Ex Rel. State
207 N.W.2d 566 (Supreme Court of Iowa, 1973)

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Bluebook (online)
207 N.W.2d 566, 1973 Iowa Sup. LEXIS 1039, Counsel Stack Legal Research, https://law.counselstack.com/opinion/booras-v-iowa-state-highway-commission-ex-rel-state-iowa-1973.