Grand River Dam Auth. v. Bomford

• Court: Oklahoma Supreme Court
• Writing for the Court: ARNOLD, J.
• Citation: Grand River Dam Auth. v. Bomford, 1941 OK 78, 111 P.2d 182, 188 Okla. 512 (Okla. 1941)
• Decision Date: 10 March 1941
• Docket Number: Case Number: 29529
• Parties: GRAND RIVER DAM AUTHORITY v. BOMFORD et al.

1941 OK 78

111 P.2d 182

188 Okla. 512

GRAND RIVER DAM AUTHORITY v. BOMFORD et al.

Case Number: 29529

Supreme Court of Oklahoma

Decided: March 10, 1941

Syllabus

¶0 1. EMINENT DOMAIN--"Fair market value" as measure of damages-Depreciation in value resulting to part of tract not condemned.

The measure of damages in a condemnation proceeding is the fair market value, which means the price which a purchaser, willing but not obligated to buy property, would pay to the owner, willing but not obligated to sell it. In ascertaining the amount of damages it is proper to take into consideration the depreciation in value which will result to that part of the property, not condemned, but a part of original tract.

2. SAME---Exclusion of testimony as to rents recieved by landowner not error in view of other evidence as to market value of land.

In a condemnation proceeding it is not error to refuse to permit plaintiff to inquire of defendant as to rents received from tenants, testimony having been introduced as to the market value.

3. SAME--WITNESS--Tax return not admissible to impeach landowner's testimony as to value of land.

In a condemnation proceeding it is not error to refuse to admit a tax return in evidence to impeach the testimony of the landowner regarding the value of the land being condemned, since the oath subscribed upon such return affects only the correctness of the property list, and is not a statement of the owner as to the value of such property.

4. TRIAL--Sufficiency of instructions in entirety.

The instructions to the jury, taken together and considered as a whole, should fairly present the law of the case, and if there is no conflict between them, they are sufficient. It is not necessary for each instruction to embody the whole case.

5. APPEAL AND ERROR--Sufficiency of evidence to support verdict for damages alleged to be excessive.

Where an assignment of error alleges that damages awarded by a jury are excessive and the record fails to disclose facts upon which can be predicated such error, other than a conflict between the witnesses, the court will not disturb the verdict of such jury where there is evidence reasonably tending to support it.

Appeal from District Court, Delaware County; Wm. M. Thomas, Judge.

Condemnation proceeding by the Grand River Dam Authority against Geo. E. and Wright Bomford. Judgment for defendants, and plaintiff appeals. Affirmed.

R. L. Davidson, of Tulsa, and C. W. King, of Oklahoma City, for plaintiff in error.

L. Keith Smith, of Jay, for defendants in error.

ARNOLD, J.

¶1 This action was commenced in Delaware county by the Grand River Dam Authority, a public corporation, hereinafter referred to as plaintiff, against George E. Bomford and Wright Bomford, hereinafter referred to as defendants, wherein plaintiff sought to condemn 150 acres out of 170 acres owned by the defendants in section 14, township 25 north, range 23 west, Cherokee survey, Delaware county, Okla., leaving defendants 20 acres in three small separate tracts. Commissioners were duly appointed, and the defendants were awarded $7,674.50. Both parties within due time made demand for a trial by jury. During the trial it developed that there would be a small island adjoining the new bridge approach containing approximately 1.1 acre which would not be needed by the plaintiff, leaving a balance of 148.9 acres to be taken by plaintiff. The jury awarded the defendants $8,436.70. From this judgment, the plaintiff appeals.

¶2 The measure of damages in a condemnation proceeding is the fair market value, which means the money which purchaser willing but not obligated to buy property would pay to the owner willing but not obligated to sell it. In ascertaining the amount of damages it is proper to take into consideration the depreciation in value which will result to that part of the property, not condemned, but a part of original tract. Public Service Co. v. Raburn, 162 Okla. 81, 19 P.2d 167; City of Tulsa v. Creekmore, 167 Okla. 298, 29 P.2d 101.

¶3 The record discloses that in this case the entire trial was predicated upon the above-stated rule as to the measure of damages. The examination of witnesses as well as instructions discloses that it was for the jury to determine the fair market value of the land on the day it was taken for the public use, taking into consideration the damage to the remaining small tracts of land, without regard to any enhanced valuation that might result from the public improvement. During the trial it developed that 1.1 acre of the 150 acres was not needed by the plaintiff, thereby leaving an additional small tract belonging to these defendants. The jury found this small tract to be of little or no value and as instructed by the court deducted the value thereof from their award. The rights of the plaintiff were in no wise prejudiced thereby.

¶4 In...