Puerto Rico Housing Authority v. Viera Echegaray

72 P.R. 683
CourtSupreme Court of Puerto Rico
DecidedJune 29, 1951
DocketNo. 10160
StatusPublished

This text of 72 P.R. 683 (Puerto Rico Housing Authority v. Viera Echegaray) 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
Puerto Rico Housing Authority v. Viera Echegaray, 72 P.R. 683 (prsupreme 1951).

Opinion

Mr. Justice Negrón Fernández

delivered the opinion of the Court.

The Housing Authority of Puerto Rico in order to develop a low cost housing project for persons of small incomes, filed this eminent domain proceeding against Maria del Carmen Viera Echegaray Amadée, Teodoro, and Deogracias Viera Echegaray, the three of them, minors, represented by Maria Echegaray widow of Viera, their mother with patria potes-tas, for the acquisition of three parcels of land belonging to defendants, located in Hato Rey, Río Piedras. The first of these parcels has an area of 14.8399 cuerdas, and is identi[685]*685fied in the complaint as parcel M-A. The second parcel has an area of 25.9519 cuerdas and is identified in the complaint as parcel M-B. The third has an area of 6.6994 cuerdas and is identified as parcel M-G. The total area of the condemned property is 47.4912 cuerdas.

The Authority plaintiff filed a Declaration of Taking and Material Delivery of the Property and. deposited in the lower court the sum of $50,000 as reasonable value of the land sought to be condemned. On August 14, 1945 it was vested with the title of ownership.

Defendants in their answer claimed that the condemned land was worth $255,000. The lower court, after an elaborate trial which lasted several days and after making an inspection of the land, granted the complaint and ordered the Authority plaintiff to pay defendants the sum of $13,442.30 in addition to the $50,000 originally deposited in the court, plus the legal interest on said additional sum from August 14, 1945 until its full payment.

Defendants took an appeal to this Court and allege in their brief that the lower court erred (1) in appraising the condemned land for an amount which is not sustained by either plaintiff’s or defendants’ evidence; (2) in refusing to admit in evidence certain deeds of sale of lots of a nearby development — Valencia Development — made during the years of 1945 to 1948; (3) in disregarding the selling price of similar lots sold during the years 1944 to 1947 in the vicinity of the condemned parcels M-A and M-B, notwithstanding the fact that corresponding deeds of sale were admitted in evidence; (4) in disregarding the testimony of the four experts of the defendant; and (5) in refusing to accept as just value of the parcels M-A and M-B, the sum of $249,000 as it was established by defendants’ documentary and oral evidence.

In fixing the value of the three condemned parcels in the amount of $63,442.30 the lower court distributed said [686]*686sum as follows: For the parcel M-A of 14.8399 cuerdas,-$28,195.81; for parcel M-B of 25.9519 cuerdas, $28,547.09; and for parcel M-C of 6.6994 cuerdas, $6,699.40.

The present appeal involves the value of parcels M-A, and M-B because regarding parcel M-C appellants accept as correct the determination of the lower court.

Arguing their first assignment of error appellants allege that the trial judge, in fixing the value of parcels M-A and M-B in . $1,900 and $1,100 per cuerda, respectively, rejected the appraisal of the only expert witness of the Authority plaintiff, W. W. Rank, as well as the appraisal of defendants’ four expert witnesses, J. M. Canals, Charles Lienza, José C. Salgado, and Ismael Flores Lugo, and that, therefore, the conclusion reached by the lower court is not supported by the evidence. We do not agree. The court was not bound to follow blindly the opinion of the expert witnesses of either party, People v. Sutton, 17 P.R.R. 327; People v. Bonelli, 19 P.R.R. 65; León v. Industrial Commission, 58 P.R.R. 905; People v. Dones, 56 P.R.R. 201, and hence to fix the compensation for the condemned property in the amount suggested by them. In condemnation proceedings the duty of the court to fix a just compensation is not limited by the criterion of value of any one witness. Phillips v. United States, 148 F. 2d 714 (C. A. 2, 1945) ; United States v. 2.4 Acres of Land, More or Less, Etc., 138 F. 2d 295 (C. A. 7, 1943); Burnet v. Central Nebraska Public Power & Irr. Dist., 125 F. 2d 836 (C. A. 8, 1942). In condemnation proceedings a court should fix the just value of the property in the light of whichever testimony in its judgment deserves credit and is based on a number of facts which should be considered for appraising the property, as well as any other adequate proof under the rules authorized therefor. It cannot be alleged that if the judicial determination is not in accordance with the estimates of the experts for either side, the same is not sustained by the evidence because it is different to their valuation.

[687]*687In the case at bar, the value given by the court to the condemned property is within the range made by the expert witnesses, it being closer to plaintiff’s expert. The judge himself had an opportunity to take notice on the premises when he made the inspection. We do not believe that the first error assigned was committed.

The second error is groundless also. It is alleged that the lower court erred in not admitting in evidence certified copies of deeds of sale of lots on the Valencia Development in Hato Rey, near the condemned land. The market value of condemned property may be established by evidence of sale of other properties if they are similar to the condemned property and if the sale is contemporaneous. People v. Huyke, 70 P.R.R. 720. The deeds of sale that were offered in evidence and rejected and to which this second assignment refers, involved sales of lots in the Valencia Development of Hato Rey, which although adjacent toGthe condemned parcels, was an urbanization in full development with streets, sewerage, installation of water and lighting systems, while the parcels condemned were rural extensions of land of considerable size. Although it is true that the use to which the property is devoted is not the only index for fixing the market value of a property but that the best use for the property in a reasonably near future should also be considered, People v. Heirs of Rabell, ante, p. 536, and cases therein cited, the sale of lots in the Valencia Development could not be considered as the sale of similar property, for like in People v. Huyke, supra, we must consider herein that the condemned property are not lots but a parcel of land. Cf. People v. Carmona, 70 P.R.R. 292; Housing Authority v. Sagastivelza, ante, p. 262.

By the third assignment of error it is alleged that the trial court erred in ignoring the selling price of parcels of land similar to the M-A and M-B parcels. The specific sales are the following: (1) parcel of one cuerda sold on [688]*688December 30, 1944 for $8,000 (that same parcel sold on April 14, 1947 for the sum of $8,000 and on July 7, 1947 for $18,000;) (2) parcel of 2,995 square meters sold on July 11, 1947 for the sum of $11,983.95 and (3) parcel of one cuerda sold on May 24, 1948 for the price of $20,000.

The area of each one of the said parcels is not in proportion with the condemned parcels, and its description and location, as it appears from the record, demonstrate that they are located in a zone in process of urban development, near Carpenter road, one of them near the Quintana Racetrack. We cannot agree, therefore, with appellants in that they are similar sales.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Phillips v. United States
148 F.2d 714 (Second Circuit, 1945)
United States v. 2.4 Acres Of Land
138 F.2d 295 (Seventh Circuit, 1943)

Cite This Page — Counsel Stack

Bluebook (online)
72 P.R. 683, Counsel Stack Legal Research, https://law.counselstack.com/opinion/puerto-rico-housing-authority-v-viera-echegaray-prsupreme-1951.