State Highway Commission v. Jones
| Decision Date | 22 April 1964 |
| Citation | 391 P.2d 625,237 Or. 372 |
| Parties | State of Oregon, by and through its STATE HIGHWAY COMMISSION, composed of M. K. McIver, Kenneth N. Fridley and Glenn L. Jackson, Appellant, v. Walter H. JONES and Velma S. Jones, husband and wife, and Isabelle H. Claycomb, Respondents. |
| Court | Oregon Supreme Court |
J. Robert Patterson, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Robert Y. Thornton, Atty. Gen., and L. I. Lindas, Asst. Atty. Gen., and Chief Counsel for Oregon State Highway Commission.
Stanley C. Jones, Jr., and Joel B. Reeder, Medford, argued the cause and filed a brief for respondents.
Before ROSSMAN, J. P., and PERRY, O'CONNELL, DENECKE and LUSK, JJ.
This is an action to acquire land by condemnation for highway purposes. Plaintiff, the State of Oregon, appeals from a judgment entered on a verdict for defendants in the amount of $43,565.
The first assignment of error is based upon the trial court's refusal to sustain an objection to the admission of testimony of Peter Bateman given in support of the estimated value of defendants' land. Bateman was allowed to testify to the demand for gravel material and its price per yard. Another witness testified that the land taken by the state contained approximately 467,000 cubic yards of gravel. Thus there was injected into the case testimony which would permit the jury to arrive at a value of the defendants' land based upon multiplication of the quantity of gravel material by the unit market price for such material.
This court has disapproved of the multiplication method as a means of valuing property taken by condemnation. State by and through State Highway Comm. v Nunes et al., 233 Or. 547, 379 P.2d 579 (1963). We held in State by and through State Highway Comm. v. Nunes, supra, that the multiplication method was proper only if used in conjunction with the other factors of the capitalization of earnings test. These factors were not supplied in the trial of the instant case. The judgment must, therefore, be reversed and the cause remanded for a new trial.
Several issues have been raised which require our consideration because they may be presented upon a retrial of the cause.
The trial court sustained defendants' objection to evidence offered by plaintiff of the amount paid by defendant, Walter Jones, for the subject property in November, 1957. Prior to ruling on the proferred evidence the trial judge listened to testimony in chambers tending to show that conditons...
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State Highway Commission v. Empire Bldg. Material Co.
... ... However, the rule in Oregon is that 'it is within the sound discretion of the trial court to admit or exclude testimony as to the purchase price of property paid by the owner' of property taken in a condemnation proceeding. Highway Commission v. Jones, 237 Or. 372, 374, 391 P.2d 625 (1964); See, 5 Nichols, supra at 21--13 ... [17 Or.App. 622] The purchase price paid by an owner has been excluded when it was 'too remote' in time to be a 'proper criterion of present values,' Portland v. Tigard, 64 Or. 404, 408, 129 P. 755, 756, ... ...
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Chapter § 62.4 DETERMINATION OF JUST COMPENSATION
...or exclude testimony regarding the purchase price of the property paid by the owner. State Highway Comm'n v. Jones, 237 Or 372, 374-75, 391 P2d 625 (1964). Sales made to condemning authorities are not evidence of market value, whether the payment resulted from a negotiated settlement or a j......
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...sale of the subject property, evidence of the terms of the sale is properly excluded. State Highway Comm'n v. Jones, 237 Or 372, 374-75, 391 P2d 625 (1964); State Highway Comm'n v. Empire Bldg. Material Co., 17 Or App 616, 622-23, 523 P2d 584 (1974); City of Portland v. Nudelman, 45 Or App ......