Opinion
No. COA13–1302.
2014-06-4
DEPARTMENT OF TRANSPORTATION, Plaintiff, v. Gus SCHAD, Defendant.
Accordingly, I believe the trial court should ascertain whether there is, in fact, a dispute as to what property constitutes the “entire tract,” and, if so, rule on that issue before proceeding with a trial to determine the amount of just compensation owed. Further, I do not believe that the trial court's evidentiary ruling, allowing Defendant to introduce evidence of individual lot values, precludes the trial court from exercising its role as gatekeeper to allow the jury to consider other types of valuation evidence which the parties may seek to introduce, which do not rely on the value of each individual lot. Rather, the trial court should allow the jury to consider and weigh any evidence that comports with our Rules of Evidence.