Mississippi Transp. Comm'n v. Buchanan, 2010-CC-01588-COA

• Decision Date: 10 April 2012
• Docket Number: NO. 2010-CC-01588-COA,2010-CC-01588-COA
• Parties: MISSISSIPPI TRANSPORTATION COMMISSION APPELLANT v. REENA KAY HELMS BUCHANAN APPELLEE
• Court: Mississippi Court of Appeals

MISSISSIPPI TRANSPORTATION COMMISSION APPELLANT
v.
REENA KAY HELMS BUCHANAN APPELLEE

NO. 2010-CC-01588-COA

COURT OF APPEALS OF THE STATE OF MISSISSIPPI

Dated: April 10, 2012

DATE OF JUDGMENT: 09/20/2010

TRIAL JUDGE: HON. JAMES LAMAR ROBERTS JR.

COURT FROM WHICH APPEALED: PONTOTOC COUNTY SPECIAL COURT OF EMINENT DOMAIN

ATTORNEYS FOR APPELLANT: LAWRENCE LEE LITTLE TARA BETH SCRUGGS

ATTORNEY FOR APPELLEE: DUNCAN L. LOTT

NATURE OF THE CASE: CIVIL - EMINENT DOMAIN

TRIAL COURT DISPOSITION: JURY VERDICT OF $317,675 FOR THE APPELLEE

DISPOSITION: AFFIRMED: 04/10/2012

MOTION FOR REHEARING FILED:

MANDATE ISSUED:

BEFORE GRIFFIS, P.J., BARNES AND ISHEE, JJ.

GRIFFIS, P.J., FOR THE COURT:

¶1. The Mississippi Transportation Commission ("MTC") appeals the award of $317,675 to Reena Kay Helms Buchanan for the taking of her land as a part of the expansion of Highway 6 in Pontotoc County. MTC claims that the trial court erred by (1) admitting the testimony of Buchanan's expert, (2) permitting the jury to consider the landowners' opinions regarding the value of the property, and (3) denying MTC's motion for a judgment

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notwithstanding the verdict and for remittitur or, alternatively, for a new trial. We find no error and affirm.

FACTS

¶2. On August 19, 2005, MTC filed a complaint to acquire 18.907 acres owned by Buchanan.¹ MTC sought to construct a portion of the new four-lane segment of Mississippi Highway 6 in Pontotoc County between State Road 342 and the Lee County line. The property to be taken included parcel one, consisting of 9.293 acres north of the new road and parcel two, consisting of 9.089 acres south of the new road, for a total of 18.907 acres. These parcels were part of 121.827 acres of undeveloped land owned by Buchanan.

¶3. Pursuant to Mississippi's "quick take" statute,² the court appointed Chris Rogers of Tupelo as the independent appraiser. Rogers entered an appraisal for the just compensation for the taking to be $204,000, using the before-and-after-value rule. Following statutory requirements, MTC deposited eighty five percent of the $204,000 plus $1,000 for the appraiser's fee, totaling $174,400, into the registry of the circuit court. In turn, MTC received the right of immediate entry. In December 2005, Buchanan received the "quick take" proceeds with a trial to be held to determine what additional money she should receive

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for the taking of her land.

¶4. For a variety of reasons, the lawsuit did not move forward until 2008. Notably, the record reflects that discovery was slowed in 2006 due to a shortage of qualified appraisers, as many were working on the Mississippi Gulf Coast in the aftermath of Hurricane Katrina.

¶5. On October 31, 2008, MTC filed a statement of value³ saying that the taken land had a fair-market value of $83,775 and had suffered $1,475 in damages for a total compensation due Buchanan of $85,250. On November 7, 2008, Buchanan filed her statement of value stating that just compensation was $317,675, determined by a "before" value of $728,730 and "after" value of $411,055. On November 11, 2008, MTC filed a corrected statement of values stating the same total value for the land of $85,250, but adding that damage included the reduction in value of two uneconomic remnants of land.

¶6. At trial, Tommy Young, an MTC engineer, testified about the project. Young was a resident engineer based in Tupelo. Young testified that it was his responsibility to see that the contractor built the highway project according to MTC's plans and specifications. He said that MTC needed 18.907 acres of Buchanan's land for the relocation of a new segment of the four-lane Highway 6 about one mile south of old Highway 6.

¶7. William B. Milton, a licensed real-estate appraiser, testified for MTC. He said that

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he had prepared about sixty appraisals in Pontotoc County regarding the building of the new Highway 6 and had been recognized as an expert in court about 100 times. Milton testified that the property to be taken was vacant land with no improvement on it to be appraised. To appraise vacant land, Milton used the sales-comparison approach. He said this approach involves locating properties that are considered similar to the property to be appraised and then making...