§ 16 — Proceedings as to evidence in appropriation cases

§ 16. Proceedings as to evidence in appropriation cases. 1. Upon the\ntrial of any claim for the appropriation of real property or an interest\ntherein, evidence of the price and other terms upon any sale, or of the\nrent reserved and other terms upon any lease, relating to any property\ntaken or to be taken or to any other property in the vicinity thereof\nshall be relevant, material and competent, upon the issue of value or\ndamage and shall be admissible on direct examination, if the court shall\nfind (1) that such sale or lease was made within a reasonable time of\nthe vesting of title in the state, (2) that it was made in good faith in\nthe ordinary course of business, and (3) in case such sale or lease\nrelates to other than property taken or to be taken, that it relates to\nproperty which is similar to the property taken or to be taken;\nprovided, however, that no such evidence shall be admissible as to any\nsale or lease, unless at least twenty days before the trial the attorney\nfor the party proposing to offer such evidence shall have served either\npersonally or by mail a written notice in respect of such sale or lease,\nwhich said notice shall specify the names and addresses of the parties\nto the sale or lease, the date of making of the same, the location of\nthe premises, the office, liber and page of the record of the same, if\nrecorded, and the purchase price or rent reserved and other material\nterms; or unless such sale or lease shall have occurred within twenty\ndays before the trial. Such notice by the attorney-general shall be\nserved upon all claimants or their attorneys named in the claim; or if\nserved on behalf of a claimant, shall be served upon the\nattorney-general and upon all other claimants or their attorneys named\nin the claim. Where the court has received and accepted evidence of the\nprice and other terms upon any sale or of the rent reserved and other\nterms upon any lease of property in the vicinity of the parcel taken,\nthe court may, in its discretion, view such properties.\n 2. Upon the trial evidence showing the amount or valuation for which\neach parcel of such real property taken has been assessed for purposes\nof taxation on the city, town or village assessment rolls, wherein the\nreal property is situated, for each of the three years preceding the\ndate of said taking shall be received in evidence, such assessed\nvaluation, in case only part of an entire plot in a single ownership is\nto be acquired, shall include the valuation of all buildings encroaching\nupon or within the bounds of the taking provided, however, that when\noffered such evidence shall be subject to objection upon any legal\nground.\n