Incompetent valuation KOs jury verdict
The jury’s verdict in an eminent domain trial could not stand because the jury relied solely on the valuation the expert for the Pennsylvania Department of Transportation (PennDOT) did, “which was incompetent.”
State Route 00700, Section 21H v. Bentleyville Garden Inn, Inc. (In re Condemnation by DOT)
The jury verdict was set aside in this Pennsylvania condemnation case for reliance on an incompetent report by the expert witness for the Pennsylvania Department of Transportation. The report did not account for the damages the hotel incurred on the unclaimed property for loss of business due to the condemned property. Additionally, the court decided that a new trial, which the trial court did not allow, should be allowed and remanded for a new trial.
Verdict Based on an Expert’s Incompetent Report Cannot Stand, New Trial Ordered
The jury verdict was set aside in this Pennsylvania condemnation case for reliance on an incompetent report by the expert witness for the Pennsylvania Department of Transportation. The report did not account for the damages the hotel incurred on the unclaimed property for loss of business due to the condemned property. Additionally, the court decided that a new trial, which the trial court did not allow, should be allowed and remanded for a new trial.
Failure to explain inputs gets expert excluded under Daubert
If more proof is necessary to show that courts across all legal fields dive deep into the details of valuation testimony, a recent damages case that arose in the context of a condemnation proceeding should do the trick.
Expert’s inability to defend income analysis ‘is decidedly troubling,’ court says
Judges are alert to incongruities in valuations, as is clear from a recent condemnation case in which landowners hired three experts to calculate the compensation owed to them.
Expert’s Failure to Explain Basis for Compensation Analysis Renders Testimony Inadmissible
In condemnation case requiring fair market value analysis to determine compensation due to landowners, court excludes defense expert testimony, citing failure to follow mandated methodology and standard of value; court calls aspects of loss calculation based on income approach “disturbing.”
Rover Pipeline LLC v. 10.55 Acres
In condemnation case requiring fair market value analysis to determine compensation due to landowners, court excludes defense expert testimony, citing failure to follow mandated methodology and standard of value; court calls aspects of loss calculation based on income approach “disturbing.”
Evidence of Lost Profits Permissible Where Partial Taking Restricts Access
The issue in this case was whether evidence of lost profits could be used to show the value of property for condemnation purposes.
Department of Transportation v. M.M. Fowler, Inc.
The issue in this case was whether evidence of lost profits could be used to show the value of property for condemnation purposes.
M.I.C. Ltd. v Commissioner
The Tax Court determined that none of the price paid for the city’s threatened condemnation of property operated as a multipurpose adult entertainment complex was attributable to goodwill or going-concern value. In so doing, the Tax Court made its own determination of the fair market value of the real estate.
Tax Court Determines That Gain on Sale of Property to the City Is All Related to the Property and Therefore Is Deferred Under IRC Sec. 1033
The Tax Court determined that none of the price paid for the city’s threatened condemnation of property operated as a multipurpose adult entertainment complex was attributable to goodwill or going-concern value. In so doing, the Tax Court made its own determination of the fair market value of the real estate.