People v. Heirs of Rabell Cabrero

72 P.R. 536
CourtSupreme Court of Puerto Rico
DecidedMay 29, 1951
DocketNo. 10275
StatusPublished

This text of 72 P.R. 536 (People v. Heirs of Rabell Cabrero) is published on Counsel Stack Legal Research, covering Supreme Court of Puerto Rico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Heirs of Rabell Cabrero, 72 P.R. 536 (prsupreme 1951).

Opinion

Mr. Acting Chief Justice Todd, Jr.,

delivered the opinion of the Court.

As is the rule in most condemnation cases the only question involved here is the value of the condemned property. The People of Puerto Rico, represented by the Chairman of the Public Recreation and Park Commission,1 brought the present action against the Heirs of Violante Rabell Cabrero for the purpose of expropriating a parcel of land of 5.4081 cuerdas, which had been segregated from a property of 305.74 cuer-das, located in the Bahomaney Ward of San Sebastián, in order to construct an athletic field in said town. It deposited the amount of $3,785.67 as the fair value of said parcel and [538]*538having filed a Declaration of Taking and Delivery, it was invested with title thereto.

Upon answering the complaint the defendants denied that the fair market value of the parcel taken was the sum deposited and on the contrary alleged that its value was $25,000 and, moreover, that damages had been caused to the main property in an additional sum of $25,000 by reason of the segregation. At the beginning of the trial, however, the defendants amended their answer and limited their claim thus: the 5.4081 cuerdas at $2,000 per cuerda, $10,816; depreciation of four cuerdas of the remainder, at $1,000 per cuerda, $4,000; and damages to the remainder of the property because of the expense which would have to be incurred for drainage, $3,380, that is, a total of $18,196.

The case was heard and the Court of Eminent Domain entered judgment in which it determined that the fair market value of the condemned parcel was $1,100 per cuerda, that is, $5,948.91, and that since damages amounting to $512.50 had been caused in .55 of a cuerda in the remainder of the property, the total amount to be paid to the defendants was $6,461.41. Since they had received $3,785.67, it ordered the plaintiff to deposit the difference, namely, $2,675.74, plus interest at 6 per cent per annum from the day of the original deposit.2

Feeling aggrieved by the judgment both parties appealed.

The defendants assign nine errors. Most of them challenge, one way or another, the weighing of the evidence by the Court of Eminent Domain to determine the value of the parcel taken and the depreciation of the main property due to the segregation.

The evidence was conflicting. That for the defendants tended to show that the market value of the parcel, for agri[539]*539cultural purposes, was $1,600 a cuerda, and that due to its location near the town of San Sebastián it could also be used for urbanization purposes, having then a value of $2,000 per cuerda.

The lower court believed plaintiff’s evidence, corroborated in part by the testimony of Antonio Sagardia, defendants’ witness, that for agricultural purposes the value per cuerda was $700 but at the same time it believed defendants’ evidence to the effect that the best potential use of the parcel could be for urbanizing purposes which would increase its value by $400 per cuerda and concluded that the fair market value was $1,100 a cuerda. It should be noted here that the first of the two errors assigned by the plaintiff in his appeal challenges this conclusion, maintaining that the court a quo erred in taking into consideration the $400 increase per cuerda as the possible use of the parcel for urbanization purposes.

As to the errors assigned by the defendants, the lower court resolved the conflict in the evidence. It gave credence, in part, to plaintiff’s witnesses as well as to one of defendants’ witnesses and, in so doing, we do not think that it committed manifest error. Nor did it commit the error assigned by the plaintiff, inasmuch as the market value of the property must not be determined merely upon the use to which it has been devoted as the only factor, but the highest and most profitable use for which the property is adaptable in the reasonably near future is to be considered. People v. García, 66 P.R.R. 478, 483; People v. Huyke, 70 P.R.R. 720, 723; United States v. Causby, 328 U. S. 256, 261; U. S. ex rel. T.V.A. v. Powelson, 319 U. S. 266, 275. We do not interpret the conclusion of the court in the same sense plaintiff does, to the effect that it determined two market values for the parcel and' added them. Rather it considered the different uses to which it could be dedicated and believing the evidence for both parties, it determined that the market value per cuerda for urbanizing purposes was $1,100. If the court [540]*540had done as charged by the plaintiff it would have added said value of $1,100 for urbanization to the $700 for agricultural purposes and the result would have been $1,800 per cuerda. That is just what can not be done according to the decisions cited by the appellant. Morton Butler Timber Co. v. United States, 91 F. 2d 884; Metropolitan Water Dist. v. Adams, 116 P. 2d 7.

As to the depreciation of defendants’ main property by reason of the segregation of the condemned parcel, the defendants claim that the trial court erred in limiting the damages to $512.50 in .55 of a cuerda on the northern part of the main property when the evidence showed that two cuerdas on the North and two on the South had suffered damages. With regard to this phase the court accepted and believed Samuel Gracia, defendants’ own expert, who testified that the part which depreciated in the main property had been those .55 of a cuerda on the North and that the damages toward the South were insignificant. It is true that Antonio Sagardia and Mario Oronoz, defendants’ witnesses, testified that the depreciation of the main property covered two cuerdas to the North and two cuerdas to the South; however, the court was not bound to accept the testimony of witnesses more favorable to the defendants if another of their witnesses testified the contrary.

The other error assigned by the plaintiff in his appeal also challenges the award of the $512.50 but, of course, on different grounds.

The lower court, in awarding this sum, stated:

“. . . We consider that the main property has been damaged in an area of .55 of a cuerda, lying between the fence erected on the northern part of the parcel taken and the brook running from East to West on the northern part of said parcel. This piece of land has now an irregular shape, long and narrow, a strip of land. The bleachers in the athletic field are located on that same side and it is only natural that it be subject to the incidents brought about always by the agglomeration of a large [541]*541number of people in a similar place. It is logical that a voluntary purchaser take into account these considerations in connection with the price to be paid for said property.
“The court having decided that the value of these lands on the date of acquisition was eleven hundred dollars ($1,100) per cuerda, the aforesaid .55 were worth $805 prior to the taking, and it having been proved that later they were worth $82.50, the defendants have suffered severance damages amounting to the sum of FIVE HUNDRED AND TWELVE DOLLARS AND FIFTY CENTS ($512.50).”

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Related

United States v. Causby
328 U.S. 256 (Supreme Court, 1946)
Morton Butler Timber Co. v. United States
91 F.2d 884 (Sixth Circuit, 1937)

Cite This Page — Counsel Stack

Bluebook (online)
72 P.R. 536, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-heirs-of-rabell-cabrero-prsupreme-1951.