Mississippi State Highway Commission v. Owen

308 So. 2d 228, 1975 Miss. LEXIS 1854
CourtMississippi Supreme Court
DecidedFebruary 24, 1975
DocketNo. 47758
StatusPublished
Cited by3 cases

This text of 308 So. 2d 228 (Mississippi State Highway Commission v. Owen) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mississippi State Highway Commission v. Owen, 308 So. 2d 228, 1975 Miss. LEXIS 1854 (Mich. 1975).

Opinion

INZER, Justice:

This is an appeal by Mississippi State Highway Commission from a judgment of a Special Eminent Domain Court convened in the County Court of Lauderdale County awarding Mrs. Bessie Owen $85,000 for the taking of .45 acre of her land in the City of Meridian.

Mrs. Owen is the owner of 9.3 acres of land west of and fronting for 375 feet on U. S. Highway 11. Highway 11 is also the business route for U. S. Highway 80 and State Highway 19. It connects with Tom Bailey Drive a short distance south of the Owen property. Both Tom Bailey Drive and Highway 11 are heavily traveled highways. Located on the 9.3 acres is a large stock barn which is used in connection with Owen Brothers Packing Company located to the north of the subject property. It is not contended that this building was damaged by the taking. Thirty-one feet south of the stock barn is a large, well-constructed brick building. At the time of the trial and for many years prior thereto it had been rented by Dufour International, Inc., a local International Harvester dealership which sells and repairs tractors, trucks and farm equipment. Dufour originally leased this building for five years at a monthly rental of $500. The lease had expired and had not been renewed by Du-four because of the uncertainty as to whether the building would be suitable after the land is taken by the commission. Prior to the taking there was 35 feet between the Dufour Building and the south boundary of Mrs. Owen’s property. This 35 feet was paved with concrete and this concrete apron extended around the entire building. The rear portion of the building was used as a repair shop for trucks, tractors and other equipment. Access to this portion of the building was had by side doors on the north and south side of the building as well as to the rear. The balance of the Owen property was fenced and used in connection with the cattle barn as a holding area for stock to be used by the packing company.

The .45 acres taken by the commission is in an irregularly shaped tract. It includes about 31 feet of frontage measured on an angle abutting on Highway 11. The north line of the property taken runs within 5 feet of the southwest corner of the Dufour Building, destroying access to the entrance to the building on the south side. When [230]*230this line reaches a point approximately 30 feet west of the building its runs north about 35 feet, thence in a westerly direction about 330 feet to the south boundary of the Owen’s property. Included in the take is a gasoline tank, a pump and a part of the concrete apron at the rear of the building.

The testimony discloses that GM & O Railroad owns a 150 foot right of way immediately south of the Owen’s property. The railroad company has owned this property for many years but has never constructed a track on it. In order to improve Tom Bailey Drive and provide access to it from Highway 11, it was necessary that the highway take a part of the railroad property. The purpose of taking the Owen property is to exchange it with the railroad company. After the exchange, the railroad will have only a fifty foot right of way, which will include the Owen property taken. The testimony also discloses that if and when the railroad company ever builds a track over its right of way, it will be necessary that the track be elevated to a height sufficient to cross the highways.

Two qualified appraisers testified for the highway commission and two qualified appraisers testified for the landowners. Their appraisals are as follows :

FOR THE COMMISSION

Mr. Turner testified that a fair market value prior to the taking was $237,000 and that the fair market value of the property after the taking was $226,000 with a total damage of $11,600.

Mr. Thames testified that the fair market value of the property before the taking was $267,800 and the fair market value after the taking was $253,500, with a total damage of $14,300.

FOR THE LANDOWNER

Mr. Green testified that before the taking the fair market value of the-property was $801,058 and after the taking the fair market value of the property was $687,908, with a total damage of $113,150.

Mr. Bounds testified that the fair market value of the property before the taking was $738,793 and the fair market value after the taking was $621,074, with a resulting damage of $117,719.

The vast difference in the value fixed by the appraisers for the commission and the landowner resulted from a difference of opinion between them as to the proper method of appraisal to be used. The appraisers for the commission were of the opinion that the highest and best use of the front 200 feet of the Owen property was high commercial, with the balance being suitable for industrial purposes. It was their opinion that the buildings on the property added no value to the highest and best use of the property and were actually a detriment. While on the other hand, the appraisers for the landowner were of the opinion that the building did add value to the highest and best use of the property and that the Dufour Building was damaged as a result of the taking. Also included in their estimate of damage from the take was the value of the concrete, fencing and the gasoline tank and pump. In arriving at the fair market value of the entire tract before the taking, they used the reproduction cost method relative to the buildings on the property.

The jury "after hearing testimony and viewing the property returned a verdict awarding the landowner damages in the amount of $85,000, hence this appeal.

The principal issue raised by the assignment of error is the issue whether the verdict of the jury in awarding damages is so excessive as to evince bias, passion and prejudice on the part of the jury. In determining whether the verdict was grossly excessive, other questions raised by the assignment of error will be considered. Included is the question of whether the testi[231]*231mony of the appraisers for the landowner as to reproduction cost was admissible and whether such testimony contributed to an excessive verdict. The commission admits that reproduction cost method is an approved method of appraisal in arriving at the fair market value of property,' but argues that the tesimony of an appraiser using this method should be admitted only under certain limited circumstances. The commission contends in this case that the witnesses for the landowner actually equated the value arrived at through the cost reproduction method with the fair market value in an improper prejudicial manner.

The only Mississippi case cited that deals with replacement or reproduction cost in arriving at the fair market value is Mississippi State Highway Commission v. Hudgins, 182 Miss. 518, 181 So. 719 (1938). In that case the buildings were on the property taken by the commission. The trial court admitted, over the objection of the commission, testimony relative to the replacement cost of the buildings taken. The theory was that it would be of assistance to the jury in arriving at the fair market value of the property. On appeal, this Court held that there was authority for the admission of this testimony so that it would assist the jury in determining the value of the improvements, but such costs could not be taken as fixing the value without regard to depreciation.

It is now generally recognized that evidence of reproduction cost can be valuable in helping a jury reach its determination.

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Cite This Page — Counsel Stack

Bluebook (online)
308 So. 2d 228, 1975 Miss. LEXIS 1854, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mississippi-state-highway-commission-v-owen-miss-1975.