State v. Commerce Center, Inc.

429 So. 2d 273, 1983 Ala. LEXIS 4083
CourtSupreme Court of Alabama
DecidedMarch 4, 1983
Docket81-585
StatusPublished

This text of 429 So. 2d 273 (State v. Commerce Center, Inc.) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Commerce Center, Inc., 429 So. 2d 273, 1983 Ala. LEXIS 4083 (Ala. 1983).

Opinion

EMBRY, Justice.

This is an appeal from a judgment entered on' a jury verdict in an eminent domain proceeding. We affirm.

The State of Alabama acquired 23.92 acres of an industrial park containing 341.-55 acres and owned by appellees or in which some of them had an interest of various types. Appellees appealed to the circuit court and the case was tried to a jury on the issue of damages only. The award was $51,500 under evidence of damages ranging from a high of $250,000 to a low of $14,352. No exceptions were taken to the trial court’s oral charge and the State proffered no written requested charges.

Statement of the issues was made in the State’s brief as follows and citations of authorities appear in support as indicated:

“STATEMENT OF THE ISSUES
“(ONE)
“Sales to prospective condemnors inadmissible to prove value of real estate involved in condemnation proceeding.
“Leahy vs. State (1925) 214 A1 107, 106 So. 599
“Southern Electric Generating Company vs. Lance (1959) 269 A1 25, 110 So.2nd 627 (dictum)
“State vs. Boyd (1960) 271 A1 584, 126 So.2nd 225
“Alabama Power Company vs. Sides, 212 A1 687, 103 So. 859
“85 ALR 2nd 163, Section 10
“27 AM JUR 2nd, Page 335, Section 430
“(TWO)
“A witness must be acquainted with the property taken before he can express an opinion as to value. Mere general knowledge not sufficient.
“Langdon vs. Loup River Public Power District (1944) 144 Neb. [325] 13 NW 2nd 168
“People vs. McReynolds, (1939) 31 Cal. App.2nd 219, 87 P.2nd 734
“Wheeler and W. Mfg. Company vs. Buckhart, 60 NJL 102, 36 A 772
“(THREE)
“Owner’s future plans for the use of his property are generally irrelevant in determining market value.
“29 CJS, Page 69, Note 50-5
“Metropolitan Water District vs. Adams (Cal.App.) 99 P.2nd 659
“(FOUR)
“Cost of improvements inadmissible in determining market value. Cost is not synonymous with market value.
“43 CJS 568
“Cleveland C.C. & St. L Railway Company vs. Vettel, 133 NE 606, 81 Ind.App. 625
“Kinter vs. U.S. 156 Fed.2nd 5, 172 ALR. 232
“OGAL on VALUATION Vol. 2, page 7
“Jacksonville vs. Wash [Walsh] 106 Ill 253
“(FIVE)
“Court, over objection of appellant, permitted appellee in his opening statement to prejudice the jury against appellant and make it impossible for appellant to get a fair trial in this cause.
[275]*275“Mazer vs. Brown, 259 Al. 449, 66 So.2nd 561
“88 CJS — Trial page 314, Section 161, Notes 35, 36, 37”

In a well written brief, appellees countered with the following “Statement of the Issues” and the citation of authorities shown:

“STATEMENT OF THE ISSUES
“The State has set out five issues. Those five are stated below with the property owner’s citation of authority in response to each issue:
“(One). Sale to prospective condemn-ors inadmissible to prove value of real estate involved in condemnation proceeding.
“Alabama City Bank of Gadsden vs. Walter J. Vaughn, 413 So.2d 1053 [Ala., 1982].
“Knabe v. State, 285 Alabama 321 [231 So.2d 887].
“Watson vs. McGee, 348 So.2d 461 [Ala., 1977].
“Alabama Rules of Appellate Procedure No. 45.
“(Two). A witness must be acquainted with the property taken before he can express an opinion in value. Mere general knowledge not sufficient.
“Housing Authority of the City of Decatur vs. Decatur Land Company, 258 Ala. 607 [64 So.2d 594].

“Hewett vs. McGaster, 272 Ala. 498 [133 So.2d 189].

“(Three). Owner’s future plans for the use of his property are generally irrelevant in determining market value.
“Housing Authority of City of Decatur vs. Decatur Land Company, 258 Alabama 607 [64 So.2d 594].
“State vs. Goodwyn, 272 Ala. 618 [133 So.2d 375].
“(Four). Cost of improvements inadmissible in determining market value. Cost is not synonymous with market value.
“State vs. Woodham, 288 Ala. 608 [264 So.2d 166].
“27 Am.Jur. 2d, Section 439, page 349.
“(Five). Court, over objection of appellant, permitted appellee in his opening statement to prejudice the jury against appellant and make it impossible for appellant to get a fair trial in this cause.
“State vs. Woodham, 292 Ala. 363 [294 So.2d 740].
“(Six). Issue No. 6 was not raised by the State of Alabama and is raised by the property owners. That issue is in the trial of a condemnation case which relates solely to damages and compensation to which the landowner is entitled and the amount of the verdict of the jury is not questioned on appeal, assignments of error relating to the correctness of jury charges, jury arguments and ruling on evidence which deal with damages and compensation cannot work a reversal.
“State v. Long, 344 So.2d 754 [Ala., 1977],
“State v. Pugh, 293 Ala. 593 [308 So.2d 248].
“State v. Shepard, 411 So.2d 132 [Ala., 1982].”

Appellees’ sixth issue does not “take care of issues one through five,” as they contend. The rule is stated correctly in State v. Shepard, 411 So.2d 132 (Ala.1982), at p. 134: “... [W]here the jury returns a verdict which falls within the expert testimony, as it did here, we will not reverse a judgment entered on that verdict on the single ground that the verdict is excessive.” (Emphasis added.) That is not the posture of this case.

Issue One

Testimony was admitted regarding a voluntary sale to Alabama Power Company (an entity with the right to exercise the powers of eminent domain for statutorily authorized express purposes) made at a time when there was no threat of condemnation nor any proceedings pending and the property was not a part of that included in the Highway Department’s project. There was no error in admitting this evidence. Furthermore, no grounds were assigned when objection was made. Cf. State v.

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Related

State v. Long
344 So. 2d 754 (Supreme Court of Alabama, 1977)
State v. Woodham
264 So. 2d 166 (Supreme Court of Alabama, 1972)
State v. Shepard
411 So. 2d 132 (Supreme Court of Alabama, 1982)
State v. Self
307 So. 2d 11 (Supreme Court of Alabama, 1975)
Alabama City Bank of Gadsden v. Vaughn
413 So. 2d 1053 (Supreme Court of Alabama, 1982)
Knabe v. State
231 So. 2d 887 (Supreme Court of Alabama, 1970)
Carroll Kenworth Truck Sales, Inc. v. Leach
396 So. 2d 1044 (Supreme Court of Alabama, 1981)
State v. Woodham
294 So. 2d 740 (Supreme Court of Alabama, 1974)
State v. Goodwyn
133 So. 2d 375 (Supreme Court of Alabama, 1961)
Hewett v. McGaster
133 So. 2d 189 (Supreme Court of Alabama, 1961)
Watson v. McGee
348 So. 2d 461 (Supreme Court of Alabama, 1977)
Leahy v. State
106 So. 599 (Supreme Court of Alabama, 1925)
Alabama Power Co. v. Sides
103 So. 859 (Supreme Court of Alabama, 1925)
Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. Vettel
133 N.E. 605 (Indiana Court of Appeals, 1922)
Housing Authority v. Decatur Land Co.
64 So. 2d 594 (Supreme Court of Alabama, 1953)
State v. Pugh
308 So. 2d 248 (Supreme Court of Alabama, 1975)
State v. Cooper
420 So. 2d 771 (Supreme Court of Alabama, 1982)

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Bluebook (online)
429 So. 2d 273, 1983 Ala. LEXIS 4083, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-commerce-center-inc-ala-1983.