State v. Parrish

• Decision Date: 31 December 1958
• Docket Number: No. A-6791,A-6791
• Citation: 159 Tex. 306,320 S.W.2d 330
• Parties: The STATE of Texas, Petitioner, v. Ben H. PARRISH et al., Respondents.
• Court: Texas Supreme Court

Page 330

320 S.W.2d 330

159 Tex. 306

The STATE of Texas, Petitioner, v. Ben H. PARRISH et al., Respondents.

No. A-6791.

Supreme Court of Texas.

Dec. 31, 1958.

Rehearing Denied Feb. 18, 1959.

Will Wilson, Atty. Gen., James H. Rogers, Asst. Atty. Gen., Robert L. Burns, Houston, for petitioner.

Henry H. Brooks, Gaynor Kendall, Austin, for respondents.

GRIFFIN, Justice.

This is an eminent domain proceeding instituted in the County Court of Travis County by the State of Texas, petitioner here, to take by condemnation certain property in the City of Austin belonging to respondents. The right of the State to take the property subject to its obligation to pay damages for the taking was admitted and trial to a jury was therefore limited to the sole issue of damages. Upon the special issue verdict of the jury, the State was by final judgment of the County Court, awarded the land sought to be condemned; the respondents were adjudged to have and recover as their damages the sum of $33,000 which the jury found to be the cash market value of the lands on November 5 1956. On appeal the Court of Civil Appeals sustained respondents', Parrish et al., assignments of error complaining of the action of the trial court in limiting respondents in their cross-examination of the petitioner's witness, Harold Legge, and reversed and remanded the cause. 310 S.W.2d 709.

We hold that the Court of Civil Appeals erred in such action.

Respondents first placed upon the witness stand the owners of the tract of land, all of whom are respondents here, and one other witness. They, after duly qualifying, testified seriatim that the market value of the subject tract was $68,000 to $70,000; $60,000; $65,000 and $65,000.

Petitioners then introduced witness, Legge, who after setting out his qualifications, testified the property was worth $31,500. On direct examination, Legge described in detail his method of arriving at the market value of subject property. He also testified that he had secured data on all sales and resales of property since 1950 in an area bounded on the south by 11th Street, on the west by San Antonio Street, on the north by 19th Street and on the east by Trinity Street. Subject property is located in the block immediately adjacent to the Capitol and lying between Congress Avenue on the west and Brazos Street on the east, 13th Street on the south and 14th Street on the north. The 'district' or 'neighborhood' which Legge testified was best suited for comparing sales of property for the purpose of arriving at his evaluation of the market value was bounded on the south by 13th Street, on the north by 19th Street, on the east by San Jacinto Street and on the west by Lavaca Street. This area is four blocks east and west and six blocks north and south and includes the subject property. Legge testified that of a total of 200 and 300 sales of property on which he had secured information, he had used only 97 in arriving at the market value to be placed on the subject property. He testified at great length giving his reasons for his opinion; why he thought some sales were of comparable property; that he had excluded from his consideration family sales, and sales of property not comparable to subject property. He had charts of sales, rentals, and other pertinent data which he exhibited to the court and jury to substantiate and explain his testimony. On cross-examination he was examined in great detail about each piece of property he had testified about and his method of arriving at the value of the property. He was asked hypothetical questions with regard to use of subject property as an office building; as to at least three sizes of office buildings; three rates of rentals per square foot; the capitalization of the rental return from each size and each rate of rental. These capitalization figures ranged from approximately $34,000 to about $59,500 for value of subject property. Under corss-examination he was asked about the sale price of four pieces of property located in the neighborhood of the Capitol. The values of these four pieces of property were shown to be $7.44, $8.33, $8.53 and $10.54 per sq. ft. as compared to a value of $3.45 per sq. ft. given by Legge to subject property.

In the course of the cross-examination he was asked if he had not used a figure of 5% annual increase of price in arriving at the market value he set on subject property. This was the first time this or any similar testimony had been given by Legge. He answered that this percentage increase was one of the many factors used by him in arriving at his opinion as to the market value of subject property. At this point respondents sought to elicit testimony from Legge that he had not considered the sales and resales of the Lowich property located diagonally across from the Travis County Courthouse at the northeast corner of the intersection of 11th and Guadalupe Streets. Legge testified that he had not considered the Lowich property and its various sales in arriving at the market value of subject property for the reason that he did not consider it comparable property, nor was it located in the 'neighborhood' with subject property. From the aerial map introduced in evidence we can determine that the Lowich property is one block west from Lavaca Street on 11th Street. Thus it would be four...