Martin v. MISSISSIPPI TRANSP. COM'N

953 So. 2d 1163, 2007 WL 1053408
CourtCourt of Appeals of Mississippi
DecidedApril 10, 2007
Docket2005-CA-02287-COA
StatusPublished
Cited by4 cases

This text of 953 So. 2d 1163 (Martin v. MISSISSIPPI TRANSP. COM'N) is published on Counsel Stack Legal Research, covering Court of Appeals of Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Martin v. MISSISSIPPI TRANSP. COM'N, 953 So. 2d 1163, 2007 WL 1053408 (Mich. Ct. App. 2007).

Opinion

953 So.2d 1163 (2007)

James W. MARTIN, and Wife, Mae A. Martin and Martin Outdoor Advertising, Inc., Appellants
v.
MISSISSIPPI TRANSPORTATION COMMISSION, Appellee.

No. 2005-CA-02287-COA.

Court of Appeals of Mississippi.

April 10, 2007.

*1164 Mark D. Herbert, Lisa Anderson Reppeto, Jackson, attorneys for appellants.

John McNeil, James T. Metz, attorneys for appellee.

Before KING, C.J., IRVING and GRIFFIS, JJ.

GRIFFIS, J., for the Court.

¶ 1. James Martin, Mae Martin, and Martin Outdoor Advertising, Inc. appeal a jury verdict rendered in an eminent domain *1165 action brought by the Mississippi Transportation Commission ("MTC"). On appeal, the Martins and Martin Outdoor argue that: (1) the MTC failed to meet its burden of proof; (2) the jury improperly engaged in speculation; (3) they are entitled to an additur; or (4) in the absence of an additur a new trial is warranted. We find error and affirm in part and reverse and remand in part.

FACTS

¶ 2. On November 6, 2002, the MTC filed an eminent domain action and sought to condemn the real property owned by the Martins and any leasehold interests, which included two sign structures owned by Martin Outdoors in Senatobia. MTC proceeded to gain title to the land and one of the advertising signs by quick-take method. See Miss.Code Ann. § 11-27-81 (Rev.2004)

¶ 3. At the trial, MTC presented the testimony of two witnesses for its case-in-chief. Daniel Norris was the project engineer for the construction of a new four-lane highway that would connect with Interstate 55. Norris identified the portion of the Martins' and Martin Outdoors' property needed to be acquired for the new interchange.

¶ 4. William Wiseman testified as MTC's sole expert on valuation. It is Wiseman's testimony that is the subject of this appeal. Wiseman was certified, by the court, as an expert in real estate appraisal. He then testified that the value of the land taken was $12,700 and value of the billboards was $65,100.

¶ 5. As to the value of the land, Wiseman testified that he considered the various approaches for the appraisal of real property, i.e., the income approach, the cost approach, and the sales comparison approach. Wiseman determined that the sales comparison approach was appropriate. To arrive at a valuation, Wiseman compared different properties from the surrounding area to arrive at his value of $12,700. During cross-examination, Wiseman was questioned why he did not use the income approach, since the property was an income producing property due to the different leases to Martin Outdoor. Wiseman stated that since there was only one lease for the entire property, the lease would continue after the taking. The Martins and Martin Outdoor established that there were actually two different leases for the sign sites. Each billboard had its own lease that was site specific and terminated with the removal of the sign. After being confronted with this information, Wiseman testified that he would not accept his own appraised price.

¶ 6. Wiseman's testimony on the value of the billboards relied on an oral quote he obtained from Memphis Sign Erectors. Wiseman testified that he called Memphis Sign Erectors and was told that the price to construct each sign would be $42,000. Wiseman then reduced the value by the depreciation of each sign according to the age of the sign, ten years and eight years respectively. Wiseman then determined that the ten-year-old sign was valued at $31,500 and the newer sign was valued at $33,600. During cross-examination Wiseman admitted that the value of the signs was based solely on the verbal quote he obtained from a third party, Memphis Sign Erectors, and his calculation of depreciation based on that quote.

¶ 7. At the end of Wiseman's testimony, the Martins and Martin Outdoors moved to strike Wiseman's testimony. They argued that Wiseman was not an expert in the valuation of outdoor signs and that he was merely quoting another expert's opinion on the value of the sign. The trial judge overruled the motion and stated that *1166 the quote was something upon which experts normally relied.

¶ 8. The Martins and Martin Outdoor offered testimony from expert witnesses that just compensation for the taking amounted to $565,847, representing $177,447 damage to the real property, $188,000 for the ten-year-old sign, and $200,400 for the eight-year-old sign.

¶ 9. The jury returned a verdict that awarded the Martins and Martin Outdoor compensation for the real estate taken in the amount of $36,000 and compensation for both signs taken in the amount of $120,000. The Martins and Martin Outdoor filed a motion for judgment notwithstanding the verdict, for additur, or in the alternative to alter or amend the judgment, or in the alternative for a new trial, which the court denied. Their appeal has been deflected to this Court for review.

ANALYSIS

I. MTC failed to meet its burden of proof

¶ 10. The burden of proof in an eminent domain case is unique, because the government is depriving the citizen of his or her property. Sarphie v. Mississippi State Highway Comm'n, 275 So.2d 381, 383 (Miss.1973). Therefore, the State has the "non-delegable" burden to establish a prima facie case of the value of the property taken. Id. If the condemnor fails to establish the prima facie case, a dismissal of the proceedings would be required. Mississippi State Highway Comm'n v. Fisher, 249 Miss. 198, 201-02, 161 So.2d 780, 781 (1964). The supreme court explained that "[t]he reason for placing the burden on the condemnor is that if it offers no evidence of the value of the property taken there is no basis for awarding any damages and there could be no compliance with Section 17, Mississippi Constitution." Id. After a prima facie case has been established, if the party whose property is being condemned desires to receive greater compensation, then it must present evidence of a higher valuation. Ellis v. Mississippi State Highway Comm'n, 487 So.2d 1339, 1342 (Miss.1986).

¶ 11. The Martins and Martin Outdoors argue that MTC failed to present competent evidence as to the value of the signs or the land. Therefore, they conclude that MTC failed to establish a prima facie case as required in an eminent domain action. This issue centers on the evidence MTC offered to establish the property's value. The Martins and Martin Outdoor claim that Wiseman's testimony was inadmissible.

¶ 12. The standard of review for the admission or suppression of evidence is abuse of discretion. Mississippi Transp. Comm'n v. McLemore, 863 So.2d 31, 34(¶ 4) (Miss.2003) (citing Haggerty v. Foster, 838 So.2d 948, 958(¶ 25) (Miss.2002)). Further, the decision of the trial court must stand "unless we conclude that the discretion was arbitrary and clearly erroneous, amounting to an abuse of discretion." McLemore, 863 So.2d at 34(¶ 4) (citing Puckett v. State, 737 So.2d 322, 342(¶ 57) (Miss.1999)). Therefore, the Martins and Martin Outdoor have a heavy burden to overcome.

A. Evidence as to the value of the signs

¶ 13. Wiseman was MTC's sole expert on valuation. Martin Outdoor argues that Wiseman was not an expert in valuing outdoor advertising signs and that his testimony was merely a conduit for another expert's statement.

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Cite This Page — Counsel Stack

Bluebook (online)
953 So. 2d 1163, 2007 WL 1053408, Counsel Stack Legal Research, https://law.counselstack.com/opinion/martin-v-mississippi-transp-comn-missctapp-2007.