BURROUGHS & CHAPIN v. Dept. of Transp.

574 S.E.2d 751, 352 S.C. 535
CourtCourt of Appeals of South Carolina
DecidedDecember 9, 2002
Docket3575
StatusPublished
Cited by1 cases

This text of 574 S.E.2d 751 (BURROUGHS & CHAPIN v. Dept. of Transp.) is published on Counsel Stack Legal Research, covering Court of Appeals of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
BURROUGHS & CHAPIN v. Dept. of Transp., 574 S.E.2d 751, 352 S.C. 535 (S.C. Ct. App. 2002).

Opinion

352 S.C. 535 (2002)
574 S.E.2d 751

BURROUGHS & CHAPIN COMPANY, INC., f/k/a Burroughs and Collins Co., Respondent,
v.
SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION, Appellant.
In re South Carolina Department of Transportation, Condemnor,
v.
Burroughs & Chapin Company, Inc., f/k/a Burroughs and Collins Co., Landowner.

No. 3575.

Court of Appeals of South Carolina.

Heard October 11, 2002.
Decided December 9, 2002.
Rehearing Denied January 27, 2003.

*536 B. Michael Brackett, of Columbia; for appellant.

Michael H. Quinn, of Columbia; for respondent.

HEARN, C.J.

South Carolina Department of Transportation (SCDOT) condemned property owned by Burroughs & Chapin Company *537 (B & C) in Horry County. A jury trial was held to determine the amount of just compensation owed to B & C for the property taken as well as for any diminution of value in the remaining property. SCDOT appeals the jury's verdict of $87,510.63, arguing the trial judge erred in the admission of expert witness testimony and in charging the jury in violation of the "unit rule." Because we find the trial judge erred in charging the jury, we reverse and remand for a new trial.

FACTS

SCDOT condemned property owned by B & C to complete the construction of the Conway Bypass pursuant to its power of eminent domain under the South Carolina Eminent Domain Procedure Act. S.C.Code Ann. § 28-2-10, et seq. (Supp.2001). SCDOT calculated just compensation for the property at $15,975.00. The condemnation resulted in an acquisition of 10.8 acres; however, another 6.9 acres of B & C's property were left landlocked. Both tracts were heavily timbered.

At trial, B & C presented two expert witnesses whose testimony was used as evidence of the value of the property. Tracey Knight, a registered forester, testified as an expert in the field of timber appraisal. He stated that his appraisals are often used for the purpose of valuing property to be sold. He also stated that his appraisal was the "market" value of the timber as of September 1998. He testified that the condemned land had 7.8 acres of merchantable timber valued at $30,281.00 and the landlocked portion of the remaining property had timber valued at $28,993.00. Knight testified, however, that it would not be economically feasible to harvest the timber from the landlocked tract of land.

SCDOT moved[1] to strike Knight's testimony on the grounds that it violated the unit rule,[2] failed to relate the value *538 of the timber to the value of the property, and was based on lost gross revenue or gross profits. The trial judge denied the motion.

After Knight's testimony, the trial judge gave a cautionary instruction to the jury regarding the value of the timber on B & C's property. The trial judge defined the term "fair market value" and stated that the value of the timber was one component of the property which the jury could use in determining the fair market value of the property. However, he further instructed the jury that:

... if you feel that it is fair and just under the circumstances of this case to add the specific value of a component part of a property, or a portion of that value, such as the timber, you may do so in your calculations, or you may consider the timber value generally in reaching a fair market value determination of the property. This ultimately is your decision to make....

SCDOT objected to the cautionary instruction on the basis that it allowed the jury to "add these components together."

Next, Joe Rosen, a real estate appraiser, testified that the market value of B & C's land prior to condemnation was $222,050.00, and after condemnation the value of the remaining property was $99,850.00. He testified that just compensation to B & C would be $122,200.00.

In explaining his methodology for the appraisal, Rosen testified that he valued the land as if it had no timber and then added the appraised value of the timber as calculated by Knight. He stated that he found comparable pieces of property, made customary adjustments for the location, size, utilities, land type, etc., and then adjusted each piece by deducting any value of timber on the property. He used the same methodology for appraising the before-condemnation and after-condemnation values of the property. SCDOT moved to strike Rosen's testimony as violating the unit rule. The trial judge denied the motion.

SCDOT's expert appraised the land at $16,000.00. He testified that he compared the per acre values of several other *539 tracts and made adjustments prior to arriving at that figure. He further stated that he did not do "before and after" valuations of B & C's property because the valuation arrived at for the condemned piece was less than $30,000.00. He stated that he did not value the timber separately because the comparable sales all had timber which was considered as part of the value of the property.

The trial judge gave a jury charge very similar to his prior cautionary instruction. He explained the general definition of fair market value and also told the jury on several occasions that it was valuing the property as a whole. However, he again indicated that the jury was free to add the value of the timber to the value of the land to arrive at its decision on just compensation. He also explained that the jury was free to consider the testimony presented, but did not have to rely upon it for making a determination. SCDOT's objection to the charge was overruled. The jury returned a verdict in favor of B & C in the amount of $87,510.63.

DISCUSSION

Admission of Evidence

SCDOT contends the trial judge erred in admitting the testimony of Knight and Rosen. SCDOT asserts the testimony violated the unit rule and that Knight's testimony made no attempt to equate the value of the timber with the value of the property as a whole. We disagree.

The admission or exclusion of expert testimony is a matter within the sound discretion of the trial court. Payton v. Kearse, 329 S.C. 51, 60-61, 495 S.E.2d 205, 211 (1998). Absent a clear abuse of discretion amounting to an error of law, the trial court's ruling will not be disturbed on appeal. Hofer v. St. Clair, 298 S.C. 503, 513, 381 S.E.2d 736, 742 (1989).

The unit rule states that an award of just compensation may not be reached by assigning separate values to component parts of the property, including separating timber from the land, and requires that improved property be valued as a whole. See 4 Julius Sackman, Nichols on Eminent Domain § 13.09[5] (Rev.3d ed.1997); 26 Am.Jur.2d Eminent Domain *540 § 338 (1996). The trial judge relied on the case of City of Hillsborough v. Hughes, 140 N.C.App. 714, 538 S.E.2d 586 (2000), in determining that the admission of B & C's experts' testimony was proper. In Hughes, the North Carolina Court of Appeals found that testimony of the value of timber on condemned property was proper evidence for consideration by the jury. Id. at 589.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State v. Adkins
577 S.E.2d 460 (Court of Appeals of South Carolina, 2003)

Cite This Page — Counsel Stack

Bluebook (online)
574 S.E.2d 751, 352 S.C. 535, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burroughs-chapin-v-dept-of-transp-scctapp-2002.