Sifted from an over-generous gallimaufry of trial testimony the issues on appeal in this condemnation case are: (1) whether there was trial court error in admission of evidence relating to special and general benefits from the taking; (2) whether there was trial court error on various evidentiary rulings; (3) whether the verdict was so inadequate as to indicate bias, passion and prejudice on the part of the jury.
We find no reversible error and affirm the judgment.
Property valuation experts testified for both parties with substantially disparate opinions as to damages for the condemnation. The jury awarded defendant $18,000 damages. The Highway Commission’s theory with supportive evidence was that the severed parcel would in all reasonable probability be rezoned to commercial use. Thus, the condemnation would enhance the value of the severed portion, as it would be the only part of the executive park visible from and fronting highway thoroughfares. Hence, according to the Highway Commission, the defendant was specially benefited by the project. On the other hand, defendant contends that the severance of its parcel created no special benefit and the trial court erred in allowing evidence on such benefits.
When a partial taking occurs, the condemnor may utilize any special benefits as set off against the landowner’s damages. General benefits may not be set off. State ex rel. State Highway Com’n v. Gatson,
A prime example of a special benefit, which the Highway Commission argues occurred here, is when highway construction changes available use of land to a higher and better use. State ex rel. State Highway Com’n v. Tate,
Defendant next argues that the trial court erroneously permitted evidence of general benefits during the cross-examination of one of its witnesses. Defendant’s witness, in seeking to present evidence of comparable sales of land and probability of rezoning, testified as to a purchase of land across the street from Faith Hospital and adjoining the land being condemned. Over defendant’s objection, the Highway Commission counsel was permitted to cross-examine the witness that a consideration in his purchase of the so-called comparable property was the widening of the street between his property and defendant’s. Defendant, on appeal, contends that the cross-examination presented evidence of general benefits — a taboo in condemnation proceedings. But that is not so. Rather, the examination was proper for impeachment purposes.
The price of an alleged comparable sale must not have been materially enhanced or decreased by the project or improvement involved in the taking. State ex rel. State Highway Com’n v. Wertz,
Defendant next assigns error to a farrago of evidentiary rulings by the trial court. We only consider those rulings in which offers of proof were made to demonstrate that relevant and competent evidence was excluded. Absent such offers of proof nothing is preserved for review. Murphy v. Grisham,
Intending to establish that its residential zoned land would in all probability be rezoned to commercial use, thereby increasing its value and the damages by its taking, defendant sought to elicit the fact that the tax assessment based on its land was commercial. The trial court rejected defendant’s evidence in this regard. Though it is proper for substantial inquiry to be made into the basis for an expert’s opinion as to land values, evidence of assessed valuation is generally inadmissible to establish fair market value. State ex rel. State Highway Com’n v. Blue Ridge Baptist Temple, Inc.,
Defendant’s next contention that the trial court refused to allow a rebuttal witness to testify as to rezoning of the property is not supported by the record. The testimony was allowed.
Other objections raised by defendant relate to the trial court’s refusal to allow certain rebuttal evidence and are without merit. We need not indite the precise complaints. The guidepost directing us on this point is the fundamental precept that admission of rebuttal evidence depends largely on trial court discretion. It may be excluded if it is repetitive or should be offered in a party’s principal case. State ex rel. State Highway Com’n v. Schwartz,
Defendant’s final contention is that the award of damages was so inadequate as to establish bias and prejudice of the jury. The award was within the range of evidence. There was no showing that there was improper evidence admitted which would have confused the jury. There was substantial evidence to support the award, and the record is desolate of anything to support the contention of bias, passion and prejudice. The award, without more, will not suffice to establish a legitimate charge of bias. City of Lee’s Summit v. Hinck,
Inasmuch as there was no prejudicial or reversible error by the trial court in its evidentiary rulings, there was no cumula
Judgment affirmed.
