City of Wilson v. Hawley

577 S.E.2d 161, 156 N.C. App. 609, 2003 N.C. App. LEXIS 193
CourtCourt of Appeals of North Carolina
DecidedMarch 18, 2003
DocketCOA02-889
StatusPublished
Cited by4 cases

This text of 577 S.E.2d 161 (City of Wilson v. Hawley) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of Wilson v. Hawley, 577 S.E.2d 161, 156 N.C. App. 609, 2003 N.C. App. LEXIS 193 (N.C. Ct. App. 2003).

Opinion

*611 TYSON, Judge.

Tony Earl Hawley (“defendant”) appeals from a jury award of $358,000.00 as just compensation from the City of Wilson (“Wilson”) as damages resulting from the condemnation of a portion of defendant’s property. We find no error.

I. Background

On 11 October 1999, Wilson condemned approximately 142.76 acres of defendant’s 320.43 acre farm for the Buckhorn Reservoir Expansion Project. Wilson deposited $293,660 with the clerk of court which was disbursed to defendant on 18 October 1999. After the taking, defendant’s remaining property consisted of approximately 62 acres of cleared land and 115 acres of woodland.

Prior to trial, defendant filed a motion in limine to suppress prior statements made by defendant concerning the property’s value during a meeting with Wilson’s appraiser. The trial court ruled that defendant’s statements were admissible. Wilson filed and was granted a motion in limine to suppress testimony regarding potential future uses of the property.

Defendant testified that 105 of the acres condemned by Wilson were planted with sweet potatoes at the time of taking. He estimated the value of the unharvested sweet potatoes at $275,000. Defendant testified that sweet potato farming was the highest and best use of the land at the time of taking and that he was using it for that purpose. Defendant attempted to testify to other potential and future uses, but the trial court sustained Wilson’s objection.

Defendant opined that the fair market value of the 320 acre tract immediately before condemnation was $6,472,000. He arrived at this value by stating that the cleared land was worth $30,000 per acre and the woodland was worth $2,000 per acre. He estimated fully grown trees to be worth $4,000 per acre. The trees on the condemned property were only “half grown” and defendant estimated their value at $2,000 per acre. To arrive at the price of $30,000 per acre for the cleared land, defendant testified, “[M]y daddy told me when I was growing up, the value of land is what you can make off of it for 20 years.” He approximated the annual net profit from the sweet potatoes grown on the cleared land at $1,500 per acre and multiplied that sum by twenty years to arrive at $30,000 per acre.

Defendant believed that only 62 acres of residual cleared land would be usable because flooding from the project would kill trees *612 located in the woodland acres. He testified that the value of the land after the taking would be $1,860,000, or $30,000 per acre for the 62 acres. Defendant testified that the value of the land taken was $4,618,000. On cross-examination and without objection, defendant admitted that he sold tracts of farm land within a ten-mile radius of the condemned property for $2500 per acre to $3300 per acre in August of 1999.

Donald Scott Johnson, a real estate appraiser, testified for Wilson and stated his opinion of value of the condemned land. Mr. Johnson testified that he (1) used the “sales comparison approach,” (2) considered not only property actually sold, (3) but also considered the listing prices for properties in and around the county in 1999 and 2000. Johnson focused on properties comprised of 100 to 300 acres located within Wilson County and in surrounding counties.

Johnson testified that the sales prices ranged from $1,000 per acre to $2,500 per acre and that listing prices ranged from $1,400 to $5,000 per acre. Johnson met defendant on the property and testified, without objection, that defendant told him “Don’t come back in here, with numbers like 15- or $2,000 an acre. This is 3500- or $4,000-an-acre land.” Johnson opined that the value of defendant’s property immediately prior to taking was $640,900, roughly $2,000 per acre, and $355,300 after the taking. Johnson estimated the value of the property taken by Wilson to be $285,600.

The jury found $358,000 to be just compensation for defendant’s condemned property. The trial court credited the verdict by the deposit amount previously disbursed to defendant and entered judgment in favor of defendant in the amount of $64,340 plus interest.

II. Issues

Defendant contends the trial court erred in (1) denying his motion in limine regarding defendant’s statement to Johnson, (2) refusing to allow defendant’s testimony concerning the value and potential uses of his property, (3) allowing plaintiff to offer evidence of sales and listings of other properties remote in time and location to the condemned property, and (4) denying defendant’s motion to set aside the verdict as being contrary to the evidence.

ITT. Statement to Johnson

Defendant contends that testimony concerning his statements to Johnson is inadmissible under Rule 408 of the North Carolina *613 Rules of Evidence and that the trial court erred by denying his motion in limine.

Although defendant filed and the trial court ruled on the motion in limine, defendant failed to object at trial to the admission of Johnson’s testimony. “The rule is that ‘[a] motion in limine is insufficient to preserve for appeal the question of the admissibility of evidence if the [movant] fails to further object to that evidence at the time it is offered at trial.’ ” Martin v. Benson, 348 N.C. 684, 685, 500 S.E.2d 664, 665 (1998) (quoting State v. Conaway, 339 N.C. 487, 521, 453 S.E.2d 824, 845, cert. denied, 516 U.S. 884, 133 L. Ed. 2d 153 (1995)). Defendant failed to object to this testimony at trial and waived his right to appellate review of the trial court’s denial of the motion in limine. Id. This assignment of error is overruled.

III. Potential Use of Property

Defendant asserts that the trial court erred in “preventing Defendant from testifying as to the value of the subject property and the potential uses for it.” Defendant did not make an offer of proof of the testimony he intended to offer. This Court cannot speculate concerning what defendant’s testimony might have been. Further, defendant cited no authority in support of the admissibility of his purported testimony as required by N.C. R. App. P. 28(b)(5) (2002).

Our Supreme Court stated:

In condemnation proceedings the determinative question is: In its condition on the day of the taking, what was the value of the land for the highest and best use to which it would be put by owners possessed of prudence, wisdom, and adequate means? “The owner’s actual plans or hopes for the future are completely irrelevant.” Such aspirations being “regarded as too remote and speculative to merit consideration.”

State v. Johnson, 282 N.C. 1, 24, 191 S.E.2d 641, 657 (1972) (quoting 4 Nichols, The Law of Eminent Domain § 12.314 (3rd ed. 1971)).

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Cite This Page — Counsel Stack

Bluebook (online)
577 S.E.2d 161, 156 N.C. App. 609, 2003 N.C. App. LEXIS 193, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-wilson-v-hawley-ncctapp-2003.