Hill v. Marion County, L--264

• Citation: 238 So.2d 163
• Decision Date: 30 July 1970
• Docket Number: No. L--264,L--264
• Parties: John E. HILL and his wife, Hilda D. Hill, Appellants, v. MARION COUNTY, a political subdivision of the State of Florida, Appellee.
• Court: Court of Appeal of Florida (US)

Page 163

238 So.2d 163

John E. HILL and his wife, Hilda D. Hill, Appellants, v. MARION COUNTY, a political subdivision of the State of Florida, Appellee.

No. L--264.

District Court of Appeal of Florida, First District.

July 30, 1970.

Milbrath & Walkup, Ocala, for appellants.

Willard Ayres, Ocala, for appellee.

CARROLL, DONALD K., Acting Chief Judge.

The defendants-landowners in an eminent domain action have appealed from a final judgment entered by the Circuit Court of Marion County, based upon a jury verdict.

The basic question presented for our determination in this appeal is whether the said court erred in excluding from the jury evidence proffered by the defendants to show the damages to the remainder of their property by an appraisal based on the method known as the 'cost to cure.'

This issue as to the amount of severance damages to the defendants' improvements located on their lands adjoining the defendants' lands directly taken in these condemnation proceedings for a highway right of way, was raised in a paragraph in their answer to the appellee's petition in condemnation, as follows: 'In order for these Defendants to enjoy reasonably their remaining lands to the same extent as before the taking, these Defendants will be required or compelled to: relocate their house, garage, cooler room; demolish the 6 12 CB pump house and laundry room; re-arrange the existing water system; construct a new concrete drive and walkway; plant a new lawn in front of the re-located residence; and replace and transplant flowers and shrubbery all at a cost in excess of $7,500.00.'

The only testimony presented by the petitioner at the trial was that of one Manuel Cepeda, who testified that the defendants' residene had been damaged to the extent of $4,725, and that he had arrived at that figure by using a table that he had worked up over the years, which he referred to as a 'proximity damage table.' He testified that this opinion was not based on any comparable sales but solely upon the application of his said table.

The defendant wife testified that their residence had lost all value as a home because of the proximity of the new right of way; that the situation could be remedied by moving her home and putting it back in the same condition as it was prior to the taking; and that, unless this was done, her home would be devalued, in her opinion, by at least $10,000.

The defendants' expert, E. Henry Martin, testified that he used two approaches in making his appraisal of the property--the cost to cure approach and the cost approach; that, in his opinion, using the cost approach, the defendants' house, by virtue of the taking, was depreciated to the extent of $7,122.

The defendants' attorney then proffered the testimony of the said Martin 'which would show that in using the cost to cure in connection with this property that total compensation would be $9,627.15, made up of these items: A bid from Mr. John Lay who we have here and would testify to this effect, who is a house mover, that he would move this concrete block house back 200 feet from the present right of way to the desired location and place house back in same condition as it is now for $4,408, that he would move the concrete block garage back 200 feet to the desired location and place in same condition as it is now for $1,920, that he would restore the concrete drive and walkway that is in existence there for $365, and that he would demolish and remove the pump house for $250; the total of those figures being $6,943, based further on the testimony of Mr. Ruddie MacKenzie, who is in the well business, that he would relocate the existing well, connect it back up to the buildings after they've been moved, for $347.15 making a total of these items of $7,290.15, and the testimony would show that it would be necessary to do those acts mentioned in order to put the property back as it was before the taking and relocate it the same position from the highway, and in addition Mr. Martin would use the same values that he used in his market value approach and add to that figure the following items: 6,800 square feet at six cents or a total of $408 in front of the homesite; land taken in front of the grove 11,687...