HomeMy WebLinkAbout2609 expert testimony to the effect that the value of the property
actually taken was $438,550.00. On the issue of severance
damages, or damages suffered by the remaining property after ~
the taking, the State's expert witness testified that although
he estimated severance damages at $229,850.00, these damages
would be totally eliminated when offset by the special
enhancement to the value of remaining property resulting from
the proposed construction project.
The expert testimony adduced by the landowners set f
the market value of the land-taken at $780,000.00 and the
severance damages at $320,000.00. Contrary to the opinion of
the state witness, the landowners' appraiser testified that
there would be no special enhancement to the value of the -
remainder due to construction of the proposed project.
After receiving appropriate instructions, the jury
rendered a verdict as follows: i
1. Total value~of property taken
as of Jamiary 26, 1976 $750,000.00
2. (a) Severance damages, if any, to _
Defendants' remaining lands as
of January 26, 1976 48,000.00
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(b) Special enhancement, if any, to
Defendants' remaining lands as
of January 26, 1976 - 0 -
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(c) Severance damages (a) - special
enhancement .(b) 48,000.00
~ (d) Business damage of Lessee 65,200.00
f
TOTAL
z
~ ~ The trial court ultimately granted defendant landowner's f
motion for judgment notwithstanding the verdict and increased
the severance damage award in 2(a) from $48,000.00 to
$229,850.00. This increased the net award in 2(c) to
$229,850.00 since the figure for 2(b) was left at zero.
No objection was made to the verdict before the jury
~ was discharged. The record reflects that the trial court had a +
°~l
~ side bench discussion with all counsel, off the record,
~ immediately after the verdict was received. Thereafter the
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