Condemnation blight - error to exclude evidence
Ah, the DOT strikes again.
Here, the DOT managed to get a motion in limine that prevented the condemnee from showing the jury evidence that property rents had been depressed by the prospect of a (very long time in coming) taking for a road project.
To add insult to injury, the DOT then crossed the plaintiff's expert on why they used "old" rent data and not newer, lower rents.
The 2d didn't buy it and reversed in this opinon. It cited by US and Florida Supreme Court cases for the fundamental and longstanding principle that the government cannot depress the value of property (whether regulation or just the threat of condemnation) and then benefit from that action in the condemnation award.
Here, the DOT managed to get a motion in limine that prevented the condemnee from showing the jury evidence that property rents had been depressed by the prospect of a (very long time in coming) taking for a road project.
To add insult to injury, the DOT then crossed the plaintiff's expert on why they used "old" rent data and not newer, lower rents.
The 2d didn't buy it and reversed in this opinon. It cited by US and Florida Supreme Court cases for the fundamental and longstanding principle that the government cannot depress the value of property (whether regulation or just the threat of condemnation) and then benefit from that action in the condemnation award.