Brannon v. State Roads Commission of the State Highway Administration

506 A.2d 634, 305 Md. 793, 1986 Md. LEXIS 218
CourtCourt of Appeals of Maryland
DecidedApril 2, 1986
Docket95, September Term, 1984
StatusPublished
Cited by15 cases

This text of 506 A.2d 634 (Brannon v. State Roads Commission of the State Highway Administration) is published on Counsel Stack Legal Research, covering Court of Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brannon v. State Roads Commission of the State Highway Administration, 506 A.2d 634, 305 Md. 793, 1986 Md. LEXIS 218 (Md. 1986).

Opinion

COLE, Judge.

In this case, we shall delineate the permissible scope of the landowner’s testimony in a condemnation proceeding where, for purposes of assessing the amount of damages caused by the partial taking, the before-taking and after-taking value of the landowner’s property is in dispute.

We summarize the facts as follows. The State filed a petition in the Circuit Court for Prince George’s County to acquire one-third of an acre from Mr. and Mrs. Brannon’s six and two-third acre residential property. The State deemed it necessary to condemn this portion of the Bran-non’s property to construct part of relocated Maryland Rt. 193, a dual-lane, controlled-access highway. Upon filing its condemnation petition, the State deposited with the circuit court $3,114.00, which it considered to be the fair market value of the property taken and which included damages, if any, to the remainder of the Brannon’s property. After a hearing before the Board of Property Review of Prince George’s County, the Brannons were awarded $3,180.00 for the land taken plus $10,000 for resulting damage to the remainder of their property.

Dissatisfied with the award, the State filed a “quick-take” condemnation petition in the Circuit Court for Prince George’s County. At trial, the Brannons introduced only one witness, Mrs. Brannon, who testified as to her opinion of the value of her, property both before and after the taking. Mrs. Brannon assigned to her property a before-taking value of $325,000 and an after-taking value of $275,-000, a difference of $50,000. At this point in the direct examination, Mrs. Brannon’s counsel asked for the reasons that she assigned a diminished value to her property after the taking. She responded as follows:

In 1976, when Mr. Brannon and I sought out a home of this caliber, it took us a long time to do so. Yes, the house was the main attraction. We had to use a lot of *797 imagination because of the work that was involved. But it was the house and the property, the combination of the two, that sold us on this place. We appreciated the country atmosphere that it had to offer us. At the time our children were very small. The quietness, the environment, the feeling that my children had their freedom in this country atmosphere, and in 1977 when I first learned that this highway was coming through, I was very distraught because of what it was going to do to us. My first reaction was that the quietness would be gone. We would have the noise from the traffic on the road. We would have the litter, the pollution. Just the idea of the closeness of the highway to us, what it was doing to this piece of property was altering it—
* * * * * *
—From a country atmosphere—
* * * * * ¡j:
The highway was altering this piece of property entirely and we were both very saddened about it. There’s nothing we can do about the highway, but I do feel that Mr. Brannon and I should be compensated for the damages it’s causing to our property.

The State objected several times to Mrs. Brannon’s answer, and specifically to Mrs. Brannon’s claim of lack of country atmosphere or losing country atmosphere, on the ground that a change in the setting of the property from “rural to suburban or suburban to rural” as a result of the use of the condemned property is not a proper item of damage in a condemnation case. The trial judge overruled each objection. Later in the trial, the State asked for jury instructions to the effect that a change in the neighborhood is not a compensable element of damages. The State also asked for an instruction stating that “no damages are allowable with regard to normal dust and noise incidental to the construction of a highway or its use.” The trial judge denied these instructions. Following the trial, the jury returned an inquisition in the Brannon’s favor of $23,500. *798 The State appealed to the intermediate appellate court and set forth, among others, 1 the following assignments of error:

1. The lower court erred in permitting Mrs. Brannon to base her claim for damages . on a change in the neighborhood and in failing to instruct the jury to disregard such a claim.
2. The lower court erred in failing to instruct the jury to disregard appellees’ claim that noise or dust from the road damaged their remaining land.

The intermediate appellate court, in an opinion reported at 58 Md.App. 357, 473 A.2d 484 (1984), reversed the circuit court’s judgment as to both of these assignments of error and remanded the case for a new trial. The Brannons filed a petition for certiorari with this Court, and we granted it to address the following questions:

1. Did the [intermediate appellate] court err, holding that evidence of the diminution of the value of the remainder attributable to a change of the setting of the property should have been stricken, and the jury instructed to disallow any diminution resulting from such change?
2. Did the [intermediate appellate] court err in holding that the jury should have been instructed to find whether “specific detriments” (i.e., “... noise, traffic, dust, dirt and pollution; ... ”), flowing from the part taken were separable from those attributable to those portions of the project on lands taken from abutting owners, then, if inseparable, to assess the effects of all such specific detriments upon the value of the *799 remainder, however, if separable, to assign only those effects issuing from the part taken?

Initially, we shall make a few general observations regarding the law in Maryland with respect to the measure of damages in partial taking cases. Upon examination of the applicable statute, Maryland Code (1981), § 12-104(b) of the Real Property Article, and our case law concerning partial takings, it is apparent that two different methods of assessing damages have emerged. Section 12-104(b) sets forth the measure of damages as “the actual value of the part taken plus any severance or resulting damages to the remaining land by reason of the taking and of future use by the plaintiff of the part taken.” 2 On the other hand, the second method of assessing damages, embodied in our case law, sets forth the measure of damages as “the difference between the fair market value of the entire tract before the taking and the fair market value of what is left thereafter.” Big Pool v. State Roads Comm’n, 245 Md. 108, 113, 225 A.2d 283, 285 (1967) (citing Baltimore v. State Roads Comm’n, 232 Md. 145, 152, 192 A.2d 271, 276 (1963)). See also Oxon Hill Rec. Club v. Pr. Geo’s Co., 281 Md. 105, 107-08,

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Bluebook (online)
506 A.2d 634, 305 Md. 793, 1986 Md. LEXIS 218, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brannon-v-state-roads-commission-of-the-state-highway-administration-md-1986.