154 Minn. 486 | Minn. | 1923
This is a condemnation proceeding by the board of education of the city of Minneapolis to acquire title to property 'owned by appellant. The commissioners awarded appellant $40,000, and the board of education appealed to the district court. The jury reduced the award to $28,675. A motion for a new trial was denied and this appeal followed.
Appellant is a manufacturer of paper boxes and other paper products and is also engaged in a general printing business. It conducts its business in three different plants in the city of Minneapolis. In the year 1909 it purchased a portion of block 16 in Bradford & Lewis’ Addition to Minneapolis. The property is intersected by a 20-foot alley, by which it is divided into two parts of equal area, one fronting on Third Street North and the other on Fourth Street North. Railway tracks extend through the alley. They were laid after appellant purchased the property. The board of education seeks to acquire that portion of the property which lies between Third street and the alley. As we understand the record, the property is vacant and unoccupied.
John A. Heinrich, one of appellant’s officers, was a witness in its behalf. He was asked a series of questions relative to appellant’s plans for the future use of the property. Objections to all such
It is well settled that in ascertaining the value of property to be acquired by condemnation proceedings, it is proper to inquire what the property is worth in the market, not merely with reference to the owner’s present use of it, but with reference to all uses to which it is plainly adapted, having regard to the existing business or wants of the community or such as might reasonably be expected in the immediate future. I Dunnell, Minn. Dig. § 3050. The purpose of the questions to which objections were sustained was to elicit testimony showing that in developing its business appellant had planned to make a particular use of the property and would be unable to carry out its plans if a portion of the property was taken. It is generally held that the measure of compensation is not the value <of the property to any particular person, but its market value at the time of the taking, and that it is not competent to show that the owner intended to put the property to a particular use, or what plans for its improvement he 'had in mind. A terse statement of the rule is that nothing can be allowed for damages to an intended use. 2 Lewis, Em. Dom. § 709.
The rule is well stated in Maynard v. City of Northampton, 157 Mass. 218, 31 N. E. 1062, as follows:
“In determining the damages * * * the jury should consider not only the value of the property taken, but also the effect of the taking upon that which is left; and in estimating the value of that which is talcen they may consider all the uses to which it might properly have been applied if it had mot been taken. * * * Damages are not to be awarded in reference to the peculiar situation or circumstances or plans of the owner, or to the business in which he happens to be engaged; but any and all of the uses to which the land considered as property may profitably be applied, whether contemplated by the owner or mot, may well be taken into the account by the jury.”
It was followed in Sanitary District v. Chicago & A. Ry. Co. 267 Ill. 252, 108 N. E. 312; Goodwine v. Evans, 134 Ind. 262, 33 N. E.
In Farmer v. Stillwater Water Co. 99 Minn. 119, 122, 108 N. W. 824, this was said:
“We may also add that it was error to- permit plaintiff to prove that he had planned or arranged to utilize his property for the purpose of supplying the citizens of Stillwater with water. The availability of the property for that purpose was proper to be shown, but plaintiff’s plans in that direction should have been excluded.”
That was an action for damages for the unlawful diversion of the sources of a spring of water located upon plaintiff’s premises, but we see no reason why the statement is not equally applicable to a condemnation proceeding.
The rule above stated is not followed in Wisconsin. Jeffery v. Osborne, 145 Wis. 351, 129 N. W. 931. Citing Minneapolis, St. P. R. & D. Elec. T. Co. v. Friendshuh, 108 Minn 492, 122 N. W. 451, counsel for appellant assert that it has not been followed in this state. Such is not our understanding of the case cited. There, the owner of a farm was about to erect a barn on the only available site he had on the farm. The railroad company proposed to take it for right of way purposes. Manifestly the market value of the farm would be impaired if the site was-so taken. It was on this theory that proof of these facts was received, the court remarking that the evidence did not include prejudicial elements of speculation.
We approve of the rule stated in Maynard v. City of Northampton, supra, and hold that the objections to the questions under consideration were properly sustained.
There is a great divergence of opinion as to the admissibility of evidence of this sort as substantive independent proof of value. 1 Wigmore, Ev. § 463; note to Hubbell v. Des Moines, Ann. Cas. 1916E, 598; 14 Col. Law Rev. 171. This court held in an early condemnation proceeding that only in exceptional cases where no other evidence could be had should a court permit the introduction of •evidence of prices for which other property was sold as substantive
In view of these facts and circumstances,, although the verdict is very much less than the amount awarded by the commissioners, it cannot be said that it is unsupported by the evidence or that, in the exercise of judicial discretion, the court was required to grant a new trial.
Affirmed.