State ex rel. State Highway Commission v. Reynolds

530 S.W.2d 34, 1975 Mo. App. LEXIS 1723
CourtMissouri Court of Appeals
DecidedNovember 3, 1975
DocketNo. KCD 27558
StatusPublished
Cited by4 cases

This text of 530 S.W.2d 34 (State ex rel. State Highway Commission v. Reynolds) 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. Reynolds, 530 S.W.2d 34, 1975 Mo. App. LEXIS 1723 (Mo. Ct. App. 1975).

Opinion

SOMERVILLE, Presiding Judge.

The State of Missouri ex rel. State Highway Commission of Missouri, plaintiff below and appellant here (hereinafter referred to as the Commission), in exercise of the power of eminent domain, brought a condemnation action in the Circuit Court of Daviess County, Missouri, to acquire a 62.59 acre tract of land for construction of Interstate 35. The owners of the property were Charles E. Watson and Eva F. Watson, husband and wife (hereinafter referred to as the owners). The whole of the tract of land owned by them was being taken. At the time in question the owners had 25 acres of the tract in “conservation reserve” and the overall tract was described as being used for “farming and for recreational purposes.” Hallett Construction Company (hereinafter referred to as the lessee) had a lease from the owners to mine and remove rock and sand from the property. As of the legal date of taking the lessee had not exercised its rights under the lease. However, the term of the lease did not expire until approximately two years after the legal date of taking.

The owners and lessee filed exceptions to the Commissioners’ Report fixing and assessing $13,850.00 as damages for the taking of the 62.59 acre tract of land. The amount awarded by the Commissioners was paid into court on January 5, 1973.

On change of venue a Caldwell County jury rendered a verdict for $13,851.00 as damages for the taking of said tract of land. Thereafter, lessee filed a separate motion for a new trial which was sustained by the trial court on the sole ground that it erred in prohibiting Ronald E. Harken, in response to a question posed to him by lessee’s counsel, from giving his opinion as to the best use of the tract of land in the reasonably foreseeable future as of the date of taking. The transcript discloses, from an offer of proof made, that if permitted to testify Harken’s opinion would be that the best use of the tract of land in the reason[36]*36ably foreseeable future as of the date of taking would be for the purpose of mining and removing limestone rock and sand. The owners also filed a separate motion for a new trial which was sustained by the trial court on two grounds: (1) that it erred in prohibiting Ronald E. Harken from giving his opinion as to the best use of the tract of land in the reasonably foreseeable future as of the date of taking and (2) it erred in prohibiting Ronald E. Harken from giving his opinion as to the fair market value of the tract of land as of the date of taking.

The Commission appealed from the order of the trial court granting the owners and lessee a new trial. In the crucible of appeal the only reason advanced by the Commission in attacking the order granting a new trial is that Harken was not “qualified as competent” to give an opinion as to either the best use of the tract of land in the reasonably foreseeable future or as to its fair market value as of the date of taking.

Whether the trial court erred in granting a new trial because of its refusal at trial to permit Harken to give his opinion as to the best use of the tract of land in the reasonably foreseeable future as of the date of taking is an issue common to both the owners and the lessee. If this court concludes that the trial court did not err in granting a new trial to the owners and lessee on the issue common to both of them, then it becomes unnecessary to address the propriety of the trial court’s action in granting a new trial to the owners on the basis of its failure to have permitted Harken to testify as to the fair market value of the land as of the date of its taking. This for the reason that “ . . .if either of the reasons assigned for the granting of a new trial is proper, the action of the trial court [in granting a new trial] should be affirmed.” Davis v. Perkins, 512 S.W.2d 868, 870 (Mo.App.1974), and cases therein cited. Consequently, appellate disposition of this case rests on the narrow basis that the trial court, for reasons subsequently set forth, did not err in granting a new trial to the owners and lessee premised on the issue common to both of them.

Missouri Edison Company v. Gamm, 379 S.W.2d 166, 172 (Mo.App.1964), holds that it is proper for a jury to consider the value of limestone rock present on land subject to condemnation in determining the fair market value of such land for the purpose of assessing damages. The presence of sand would seem to lend itself to the same consideration. Concomitantly, the best use of land in the reasonably expected near future is a proper jury consideration in determining the fair market value of land subject to condemnation. State ex rel. Board of Regents for Central Missouri State College v. Moriarty, 361 S.W.2d 133, 136 (Mo.App.1962); and MAI No. 16.02. It is noted, parenthetically, that MAI No. 16.-02 was one of several instructions given by the trial court to the jury in the instant case.

In view of the above, the only remaining question is whether Harken was “qualified as competent” to render an opinion that the best use of the tract of land in question in the reasonably foreseeable future as of the date of taking was for mining and removing limestone rock and sand. The answer to the question pivots on the scope and measure of the discretionary power possessed by the trial court to preliminarily decide whether Harken was qualified to render the opinion sought to be elicited from him. It is the general rule that the trial court is vested with broad discretion in preliminarily deciding the qualifications of an expert (or one standing in the role thereof), and its exercise of discretion relative thereto will not be disturbed on appeal absent a showing that it was abused. Christian v. Jeter, 287 S.W.2d 768, 771 (Mo.1956); Minor v. Lillard, 306 S.W.2d 541, 546 (Mo.1957); and Union Electric Company of Missouri v. Simpson, 371 S.W.2d 673, 677 (Mo.App.1963). As noted in State ex rel. State Highway Commission v. Barron, 400 S.W.2d 33, 36-37 (Mo.1966), there is “no exact rule” to measure the qualifications of a witness regarding their expertise to testify as to the value of land [37]*37subject to condemnation and the “tendency is to admit any evidence which sheds light on the question, leaving it to the discretion of the trial court to keep it within bounds”, and if the proffered witness’s “knowledge and information is superior to that possessed by the ordinary person who composes the jury, then he should be permitted to testify.” The aforementioned appear equally valid and applicable for measuring the qualifications of a witness asked to render an opinion as to the best use of land subject to condemnation in the reasonably foreseeable future as of the date of taking. No viable distinction between the two springs to mind.

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Cite This Page — Counsel Stack

Bluebook (online)
530 S.W.2d 34, 1975 Mo. App. LEXIS 1723, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-state-highway-commission-v-reynolds-moctapp-1975.