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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.

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.”

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.”

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 Transporation 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.

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