Department of Transportation v. Harper

381 N.E.2d 843, 64 Ill. App. 3d 732, 21 Ill. Dec. 516, 1978 Ill. App. LEXIS 3337
CourtAppellate Court of Illinois
DecidedOctober 12, 1978
DocketNo. 78-175
StatusPublished
Cited by15 cases

This text of 381 N.E.2d 843 (Department of Transportation v. Harper) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Department of Transportation v. Harper, 381 N.E.2d 843, 64 Ill. App. 3d 732, 21 Ill. Dec. 516, 1978 Ill. App. LEXIS 3337 (Ill. Ct. App. 1978).

Opinion

Mr. JUSTICE EARNS

delivered the opinion of the court:

Petitioner, the Department of Transportation of the State of Illinois (hereinafter referred to as the Department) appeals from the judgment of the Circuit Court of Saline County entered upon a jury verdict in an action to condemn two parcels of real estate owned respectively by defendants Thomas E. Harper and Sharon D. Harper and defendants Shirley J. Martin and Gregory Martin.

The two tracts were vested in the Department by order of the circuit court pursuant to the Illinois Eminent Domain Act. (Ill. Rev. Stat. 1977, ch. 47, par. 1 et seq.) A hearing was held before a jury to determine the fair market value of the property taken and the amount of damage, if any, to the remainder of defendants’ adjoining properties which were not condemned. The issue on appeal is whether the trial court properly admitted the testimony of defendants Thomas Harper and Gregory Martin regarding the value of their tracts of land.

Prior to the date of the condemnation petition, the properties, both commercial, had been land-filled, graded and rocked, and had partially completed buildings. Robert Whittney, witness for the Department, testified that the Harper and Martin tracts as of the date of the petition had fair market values of *2,000 and *1,000. Glenn Cross, also a Department witness, testified that these tracts had fair market values of *1,650 and *750, respectively. Both witnesses stated that there was no damage to land not taken.

Thomas Harper and Gregory Martin, the landowners of the two tracts, testified on direct examination as to the value of the land in controversy over the timely objections of the Department on the grounds of insufficient foundation evidence. It was Harper’s opinion that the fair market value of his condemned property was *10,000, and that the damage to the remainder was *47,500. Upon cross-examination, Harper admitted that he had not bought or sold any other property in Harrisburg and that he did not live in Harrisburg. Harper, however, explained on redirect examination how he determined the value of his property. He considered the cost of the property, the amount of money and time in erecting the building, the price of other properties in the area, and the growth of other businesses. He concluded that he had knowledge of real estate prices in the Harrisburg market.

Over the objection of the Department, Mr. Martin testified on direct examination that the fair market value of his taken property was *5,000 and that the damage to the remainder was *19,000. He did not state whether he was familiar with the value of land in that area, although Mr. Martin was asked by his counsel to consider the size, improvements and his familiarity with the land in placing a value on the property.

The jury returned a verdict for defendants Thomas and Sharon Harper in the amount of *17,500, allotting *5,000 as compensation for the property taken and *12,500 for damages to the remainder. In addition, the jury awarded *5,500 to defendants Shirley and Gregory Martin, with *2,500 allotted for compensation for the property taken and $3,000 as damages to the remainder.

We find no Illinois cases which specifically discuss whether a landowner can testify to the fair cash market value of his property in condemnation proceedings. The general rule in this State regarding the admissibility of real estate valuation testimony is “that any witness who is familiar with the property involved in a condemnation proceeding and has knowledge of real-estate values in the vicinity is a competent witness and the extent or amount of his experience goes only to the weight that is given to his testimony.” (Trustees of Schools v. Kirane, 5 Ill. 2d 64, 69, 124 N.E.2d 886, 889 (1955); Department of Public Works ir Buildings v. Atkins, 68 Ill. App. 2d 98, 215 N.E.2d 452 (5th Dist. 1966).) Both Kirane and Atkins, however, dealt exclusively with witnesses other than landowners. Kirane further held that the witness must have actual, not hearsay, knowledge of other sales and values. The Department nevertheless argues that the landowners’ testimony was inadmissible because there was no foundation evidence showing the parties’ knowledge of real estate values in the Harrisburg area. While we agree with the Department that no evidence of Mr. Martin’s knowledge of value was introduced, there is ample evidence displaying Mr. Harper’s knowledge of such values. In any event, we find in many jurisdictions authority for the proposition that no preliminary showing of a landowner’s knowledge of real estate values is necessary before his testimony on this subject is admissible. (Arkansas State Highway Com. v. McDonald, 250 Ark. 1011, 468 S.W.2d 231 (1971); McCaffery v. Northern Pacific Ry. Co., 22 N.D. 544, 134 N.W. 749 (1912); State v. Lopez, 8 Ariz. App. 61, 442 P.2d 884 (1968).) In McCaffery, a case which the Department admits supports defendants’ position, the court stated:

“[A landowner’s] qualification to testify does not depend upon presumption, but upon the principle that an owner is, in law, qualified to testify, and his testimony is, because of his relationship as owner, competent and admissible on the question of value of his property. His ownership, regardless of his knowledge, qualifies him to testify.” (22 N.D. 544, 546, 134 N.W. 749, 750.)

In Lopez the court stated:

“[I]t is well-established law that an owner of property is always competent to testify as to its value. The State raises the spectre of the possibility that all the owner would have to do in any condemnation case is to come in and testify to some astronomical estimate as to his damages and thereby expand the limits for the jury’s speculation beyond any relationship to reasonable costs. The answer to this lies in the availability to the State of the right to cross examination of the owner to expose the methods utilized in arriving at his figure. Any explanation of how he arrived at that value goes to the weight of his evidence. [Citation.] In this case, the State did not avail itself of its right to cross examine.” 8 Ariz. App. 61, 63, 442 P.2d 884, 886.

We note that other jurisdictions, in comparison, have held that ownership does not qualify a person to testify to the value of real estate unless he is familiar with the property values in the area. (Utah State Road Com. v. Johnson, 550 P.2d 216 (Utah 1976); Commonwealth of Kentucky, Department of Highways v. Fister, 373 S.W.2d 720 (Ky. 1963).) These jurisdictions, in effect, create a two-part test of the owner’s competency to testify; (1) a familiarity with the character and extent of his holdings and (2) a knowledge of property values in the area. Generally, the qualifications of the landowner would have to be shown before he could express his opinion of market values.

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Cite This Page — Counsel Stack

Bluebook (online)
381 N.E.2d 843, 64 Ill. App. 3d 732, 21 Ill. Dec. 516, 1978 Ill. App. LEXIS 3337, Counsel Stack Legal Research, https://law.counselstack.com/opinion/department-of-transportation-v-harper-illappct-1978.