State Ex Rel. Burns v. Blair

417 P.2d 217, 91 Idaho 137, 1966 Ida. LEXIS 248
CourtIdaho Supreme Court
DecidedJuly 29, 1966
Docket9822
StatusPublished
Cited by10 cases

This text of 417 P.2d 217 (State Ex Rel. Burns v. Blair) is published on Counsel Stack Legal Research, covering Idaho Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State Ex Rel. Burns v. Blair, 417 P.2d 217, 91 Idaho 137, 1966 Ida. LEXIS 248 (Idaho 1966).

Opinion

SMITH, Justice.

Appellant, State of Idaho, brought this-action for the purpose of condemning, for highway purposes, a portion of respond *138 ents’ residence property situate in Poca-tello, Idaho. The residence property consists of a lot 46.67 feet in width and 90 feet in depth, upon which is situate a two-bedroom brick dwelling with partial basement; also a detached frame garage with alley access. The portion sought to be condemned is a strip 20 feet in depth extending 46.67 feet, the entire width of the lot, constituting the front 20 feet of the property. The property is “well cared for.”

The trial court, at the conclusion of the trial, entered findings of fact and conclusions of law, and judgment in conformity therewith awarding “just compensation” to respondents in the sum of $5,222.00, from which judgment appellant has appealed.

Appellant assigns error of the trial court in denying appellant’s motion to strike the testimony of respondents’ witness Satterfield as regards the value of the property after the highway was constructed, on the ground that such testimony was not based upon the fair market value of the property at that time.

Mr. Satterfield qualified as a realtor, actively engaged in that business for 25 years, who had promoted some 14 residential developments and engaged in the listing and handling of sales of real property and improvements, in the entire Pocatello area, which included passing upon and determining values of real estate and improvements. He testified in some detail concerning his examination of respondents’ residential property, including the buildings.

On direct examination, Mr. Satterfield testified that in his opinion the highest and best use of respondents’ property was for residential purposes. He was asked if he had arrived at what he considered to be the market value of the entire property on January 13, 1965 (date of filing the complaint), to which he answered in the affirmative, and then stated that in his opinion the “fair market vahee on that date would be $11,750.” (Emphasis supplied) He then evaluated the land without the improvements thereon, and then the improvements separate from the land, both before and after the taking.

On cross-examination, he was interrogated as to his opinion being limited to the value of respondents’ property for residence purposes. In that regard he was asked whether he had an opinion as to its use for commercial purposes after construction of the highway. He replied that he recognized the possibility of such use, “providing other properties could be obtained,” and for that reason declined to give his opinion as to its value for commercial purposes. At that point appellant moved to strike Mr. Satter-field’s testimony on the ground that it was not based upon the fair market value of the property after completion of the highway, which motion the court denied.

On redirect examination Mr. Satterfield again stated his opinion to be that the highest and best use of the property was for residential and not for commercial purposes, because after severance of the 20-foot strip the depth of the remaining property would be only 70 feet. In his opinion the small size of the remaining property would not be conducive to commercial purposes without acquisition of bordering property, or as he stated, “it would have to be tied with other property.”

Viewed in context, all of Mr. Satterfield’s testimony had to do with the market value of respondents’ property, with its highest and best use for residential purposes, both before and after the taking.

Appellant’s motion to strike Mr. Satterfield’s testimony went to the weight of the evidence rather than to its competency. See Valdez v. Christensen, 89 Idaho 285, 404 P.2d 343 (1965). The competency of a witness to express an opinion as to the value of the property is for the court to determine; the admission of an opinion as evidence is largely discretionary and its weight and effect is for the trier of facts. Smith v. Big Lost River Irrigation District, 83 Idaho 374, 364 P.2d 146 (1961); Jensen v. Boise-Kuna Irr. Dist., 75 Idaho 133, 269 P.2d 755 (1954); Hobbs v. Union Pac. R. Co., 62 Idaho 58, 108 P.2d 841 (1940); *139 Thibadeau v. Clarinda Copper Mining Co., 47 Idaho 119, 272 P. 254 (1928). The assignment is without merit.

Appellant, in his remaining two assignments, asserts that the trial court erred in allowing $500.00 for restoration of the steps and the approach to respondents’ dwelling house; also in allowing $300.00 for replacement of shrubbery and for landscaping, while at the same time allowing damages to the dwelling in the amount of $4,000.00, on the ground that the court allowed double damages.

The principal issues presented for determination by the trial court and presented by this appeal have to do with the value of respondents’ property taken for highway purposes and the severance damage to the remaining property, in accordance with I.C. § 7-711. 1 No issue was raised concerning the trial court’s finding that the highest and best use of respondents’ property, both prior to and after the taking, is for residential purposes. The findings which appellant questions are set forth below. 2

The evidence is conflicting as to the values found by the trial court; but is not in dispute as to the various items constituting damage either in the form of property taken, or resulting to the remaining property because of the taking.

Mr. Satterfield, respondents’ witness, was aware of the various elements of damage in that he stated that the highway improvement would require the taking of the 20-foot strip of land, necessitating the removal of the shrubs and lawn, and require the steps to the porch to be built in some other place. He considered the lot value before the taking to be about $1,900. and after the taking, about $1,200.; and the value of the house and improvements to be $9,850. before the taking, and $5,300. after the taking.

Mr. Kelly, a witness produced by appellant, was a realtor and appraiser of over eight years’ experience. Upon being requested by the court to describe the property which appellant sought to condemn for highway purposes, he stated:

“The property being taken is the front yard of the dwelling, which is improved with lawn and sidewalk entering into the dwelling, and the taking also includes part of the front steps of the dwelling. * £ *»

He also stated that certain shrubbery was situate on the property taken. After having so testified, Mr. Kelly, on direct examination, was asked to state his opinion of the value of “the actual land in the taking.” He replied that he estimated the value of “the actual land in the taking to be $363.87.” On cross-examination he stated, “I did consider a value on the shrubbery, the front lawn, and the replacement of the front steps of two hundred dollars. * * * ”

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Bluebook (online)
417 P.2d 217, 91 Idaho 137, 1966 Ida. LEXIS 248, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-burns-v-blair-idaho-1966.