State ex rel. State Highway Commission v. Blue Ridge Baptist Temple, Inc.

597 S.W.2d 236, 1980 Mo. App. LEXIS 2470
CourtMissouri Court of Appeals
DecidedApril 7, 1980
DocketNo. KCD 30482
StatusPublished
Cited by5 cases

This text of 597 S.W.2d 236 (State ex rel. State Highway Commission v. Blue Ridge Baptist Temple, Inc.) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State ex rel. State Highway Commission v. Blue Ridge Baptist Temple, Inc., 597 S.W.2d 236, 1980 Mo. App. LEXIS 2470 (Mo. Ct. App. 1980).

Opinion

MANFORD, Judge.

This is a direct appeal by defendant landowner1 from a jury award in condemnation. Respondent (hereinafter referred to as plaintiff) asserted its authority for the taking of a part of defendant’s land in further development of Highway 1-470. Commissioners were appointed, and these commissioners assessed damages of $55,-000.00. Plaintiff paid that sum into the court registry. Both parties filed exceptions. Upon trial, the jury awarded defendant $30,000.00 in damages. A motion for new trial was timely filed and overruled. The trial court ordered defendant to pay to plaintiff the sum of $25,000.00. The judgment is reversed and remanded.

On this appeal, defendant alleges three points. She first alleges that the trial court erred in permitting, over objection, the plaintiff to place in evidence a verdict in a prior condemnation case, thereby showing specific items of damages, including severance damages; and the prior verdict, having no probative value, created a false issue in the present case. Defendant, for her second allegation, alleges the trial court erred in permitting hearsay evidence (over her objection) by plaintiff regarding the development of other property along interstate routes, thus violating the stipulation regarding the hearsay rule, and that since this hearsay evidence went to the issue of damages or value of her property, defendant Gail M. Sanders was prejudiced by such error. As her final point of error, defendant claims the trial court erred in permitting plaintiff, through questions, comments and argument, to inject a false issue into the proceedings on the question of whether defendant had been fully compensated for all severance damages by the prior condemning authority. In this final point, defendant also alleges that such action denied her the right to have the jury determine severance damages as an element of compensation in the instant case. Because the [238]*238first and third points are so similar, and because disposition of them turns upon the same question, points one and three are, for purposes of this appeal, taken up as a single alleged error.

Gail M. Sanders owned a tract of land consisting of 61.87 acres, situated within the corporate limits of Kansas City, Missouri and within Jackson County. At trial, the parties agreed that the date of taking was February 8, 1971, that the actual acreage taken was 8.87 acres and that the remainder consisted of 53 acres. In addition, the parties stipulated to the waiver of the hearsay rule as to proof of the purchase price on comparable sales, but both parties reserved the right to object to any specific comparable sale.

As the evidence establishes, the parties were in agreement regarding the fair market value of defendant’s land. The price range was from $2,500.00 to $3,500.00 per acre. The dispute centered upon the question of severance damages. Plaintiff contended no severance damages resulted from the taking. Conversely, defendant contended such damages did occur.

In spite of the fact that reference to prior condemnation proceedings involving the same tract of land is not normally made, (because of the manner in which the record in this case was developed and by virtue of the errors alleged on this appeal) such reference is rendered necessary.

Approximately six months prior to the date of the taking (February 8, 1971) in the instant case, trial was had upon the taking of a part of defendant’s land by the City of Kansas City. This prior taking was made for purposes of extending a local street, designated James A. Reed Road, generally northwardly and southwardly through defendant’s land. This prior taking resulted in the division of defendant’s land into two parts. These respective parts, being almost identical in size, were then located east and west of James A. Reed Road respectively.

Further reference to the prior condemnation case will be made as it becomes a point of contention in the trial of the instant case.

Following the proceedings of the city, plaintiff condemned a part of defendant’s property by the taking of 8.87 acres for further development of Highway 1^470. I-470, at this point, runs generally in an east-wardly and westwardly direction. The taking by plaintiff further divided defendant’s land, and as a result of the intersecting of 1-470 and James A. Reed Road, defendant’s original tract was divided into four irregularly shaped tracts.

The instant case came on for trial on July 26, 1978, some seven and one-half years after the date of taking and approximately eight years subsequent to the trial involving the taking by the city.

Defendant landowner Gail Sanders testified regarding the ownership of the land. She stated that in her opinion, the land was worth $3,500.00 per acre, there was a prior easement on the land, the land had been platted for houses, and that by the taking of the 8.87 acres by plaintiff, the value of the land had been depreciated to $2,000.00 per acre.

An adjacent landowner, J. Winston Thompson, testified for defendant. He testified that he and the deceased husband of Gail Sanders had worked together in general development of the joining tracts of land and that the late Mr. Sanders had contemplated development of the defendant’s tract for single family residences. He further testified that in his judgment, defendant’s land prior to the taking was worth $3,500.00 to $3,800.00 per acre and that subsequent to the taking, the land was worth $2,000.00 per acre.

Further evidence for defendant included the testimony of an expert appraiser, Will Davis. Mr. Davis concluded that the remainder of the property, as a result of the taking and premised upon a formula of fair market value before versus fair market value after taking, had suffered severance damages in the sum of $33,968.00. He further testified that his opinion was premised upon comparable sales, a physical view of the property, a cost per lot for development formula and the fact that residential devel[239]*239opment (in his opinion) tended away from abutment to interstate thoroughfares.

Defendant’s only other witness was her son. It is through the testimony of this witness, the rulings of the trial court concerning such testimony and the argument of record directed to this testimony that the errors alleged on this appeal are brought into focus.

Elmer Sanders, son of the defendant, testified on direct examination that at the time of the taking, the highest and best use for the remainder of defendant’s land was for residential development. He further testified that in his opinion, the loss per acre to the remainder was $1,500.00.

Upon cross-examination, he was asked again what the highest and best use was at the time of taking (February 1, 1971). He responded that it was for residential development. The following colloquy then took place:

“Q. All right, sir. And then immediately after that date did I understand you to say since that there was a change in the highest and best use?
A. I don’t know what the best use for it is at this point.
Q. It no longer is suitable for single family housing?
A. I don’t know what it is suitable for.
Q. Well, how about just the single family dwellings. Are you saying that it is not now?
A. I don’t believe that it would be. I believe it would be hard to sell those lots back there.

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Cite This Page — Counsel Stack

Bluebook (online)
597 S.W.2d 236, 1980 Mo. App. LEXIS 2470, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-state-highway-commission-v-blue-ridge-baptist-temple-inc-moctapp-1980.