Producers' W. P. Co. v. Commrs. of Sewerage

16 Citing cases

  1. City of Pleasant Hill v. First Baptist Church

    1 Cal.App.3d 384 (Cal. Ct. App. 1969)   Cited 84 times   1 Legal Analyses
    In City of Pleasant Hill v. First Baptist Church (1969) 1 Cal.App.3d 384 (Pleasant Hill), another case cited by the Anderson Parties, the court explained, " '[i]t is true that evidence of a proposed use may be relevant, not to enhance damages but to show that the proposed use is feasible and, as such, might enter into a determination of the market value.' [Citation.]"

    ]" ( San Bernardino County Flood Control Dist. v. Sweet, supra, 255 Cal.App.2d 889, 902. See also People ex rel. Dept. Public Works v. Lipari (1963) 213 Cal.App.2d 485, 491-493 [ 28 Cal.Rptr. 808]; West Virginia Pulp Paper Co. v. United States, supra, 200 F.2d 100, 104; Producers' Wood Preserving Co. v. Commissioners of Sewerage (1928) 227 Ky. 159, 167-168 [ 12 S.W.2d 292, 295-296]; and Board of Education v. Kanawha M.R. Co. (1897) 44 W. Va. 71, 73-75 [29 S.E. 503, 504].)

  2. City of Commerce v. National Starch & Chemical Corp.

    118 Cal.App.3d 1 (Cal. Ct. App. 1981)   Cited 15 times

    [Citations.]' ( San Bernardino County Flood Control Dist. v. Sweet, supra, 255 Cal.App.2d 889, 902. See also People ex rel. Dept. Public Works v. Lipari (1963) 213 Cal.App.2d 485, 491-493 [. . .]; West Virginia Pulp Paper Co. v. United States, supra, 200 F.2d 100, 104; Producers' Wood Preserving Co. v. Commissioners of Sewerage (1928) 227 Ky. 159, 167-168 [. . .]; and Board of Education v. Kanawha M.R. Co. (1897) 44 W. Va. 71, 73-75 [. . .].)" [The court further observed:] "Reflection indicates that if the special user is to be protected where the whole of the property is taken (see fn. 1, above), it is entitled to similar protection where the taking renders the property unusable for the purposes of that special user.

  3. Kimball Laundry Co. v. U.S.

    338 U.S. 1 (1949)   Cited 349 times   2 Legal Analyses
    Holding that, in a temporary taking case, "the proper measure of compensation is the rental that probably could have been obtained," and not "the difference between the market value of the fee on the date of taking and that on the date of return"

    See 1 Bonbright, The Valuation of Property 414 (1937). In view of the resulting necessity of postulating a hypothetical sale, care must be taken to avoid the extremes, on the one hand, of excluding the value of the property for special uses and, on the other, of supposing the hypothetical purchaser to have either the same idiosyncrasies as the owner (compare L. R. Junction Ry. v. Woodruff, 49 Ark. 381, 5 S.W. 792, with Producers' Wood Preserving Co. v. Commissioners of Sewerage, 227 Ky. 159, 12 S.W.2d 292) or the same opportunities for use of the property as a taker armed with the power of eminent domain (see e.g., United States v. Chandler-Dunbar Co., 229 U.S. 53; McGovern v. New York, 229 U.S. 363; Olson v. United States, 292 U.S. 246; United States ex rel. T. V. A. v. Powelson, 319 U.S. 266). Approaching thus the question of compensation for the temporary taking of petitioner's land, plant, and equipment, we believe that the award made by the District Court was correct.

  4. United States v. Two Acres of Land

    144 F.2d 207 (7th Cir. 1944)   Cited 9 times

    Such buildings have no established market values. Consideration must be given to the elements actually involved and resort had to any evidence available, to prove value, such as the use made of the property and the right to enjoy it. City of Chicago v. Farwell, 286 Ill. 415, 121 N.E. 795; Producers' Wood Preserving Co. v. Commissioners of Sewerage of Louisville, 227 Ky. 159, 12 S.W.2d 292; In re Simmons, Sup., 127 N.Y.S. 940; Orgel on Valuation Under Eminent Domain at page 122. Irrespective, therefore, of any question as to the validity of the contract, from the evidence submitted by the Government, the verdict was amply justified. The judgment is affirmed.

  5. State ex Rel. Hwy. Dept. v. Kistler-Collister Co.

    88 N.M. 221 (N.M. 1975)   Cited 13 times

    The appraisers correctly considered these plans, and the consequent uses to which the property could be put, in arriving at their respective appraisals of the damages suffered by Kistler-Collister in the taking of a portion of its property. See in accord United States v. 25.406 Acres of Land, Etc., 172 F.2d 990 (4th Cir. 1949); United States v. 243.22 Acres of Land, Etc., 48 F. Supp. 177 (E.D.N.Y. 1942); Producers' Wood Preserving Co. v. Com'rs. of Sewerage, 227 Ky. 159, 12 S.W.2d 292 (1928); City of Orangeburg v. Buford, 227 S.C. 280, 87 S.E.2d 822 (1955); City of Pleasant Hill v. First Baptist Church, 1 Cal.App.3d 384, 82 Cal.Rptr. 1 (Ct.App. 1969); Arkansas Louisiana Gas Co. v. Morehouse Realty Co., 126 So.2d 830 (La.Ct.App. 1961); City of St. Louis v. Paramount Shoe Mfg. Co., 237 Mo. App. 200, 168 S.W.2d 149 (1943); 4 J. Sackman, Nichols' The Law of Eminent Domain, ยง 12.3142(3) at 12-273 to 276 (Rev. 3d Ed. 1974).

  6. Valley Paper Co. v. Holyoke Housing Authority

    346 Mass. 561 (Mass. 1963)   Cited 11 times

    One useful attribute of a parcel of land may be that it affords capacity for expansion of a business operation. This is recognized by Producers' Wood Preserving Co. v. Commissioners of Sewerage, 227 Ky. 159, 165-169, and by St. Louis v. Paramount Shoe Mfg. Co. 237 Mo. App. 200, 214-215, 218, 221. In a sense property reasonably held for the expansion of a business is used in that business.

  7. Gallimore v. Highway Comm

    241 N.C. 350 (N.C. 1955)   Cited 27 times
    Holding that just compensation is the fair market value of the property before and after the taking of a portion for highway purposes

    In like manner, a college campus must have its value determined by what somebody who wanted a college would give for the property with that campus." Producers Wood Preserving Co. v. Com'rs of Sewerage (Ky.), 12 S.W.2d 292. On respondent's appeal, we do not perceive that the respondent has been materially prejudiced by Judge Fountain's ruling adverse to its contention.

  8. Commonwealth, Etc. v. Congregation Anshei S'Fard

    390 S.W.2d 454 (Ky. Ct. App. 1965)   Cited 2 times

    " See also Producers Wood Preserving Co. v. Commissioners of Sewerage of Louisville, 227 Ky. 159, 12 S.W.2d 292. All expert witnesses who testified in this case agree there are three methods of determining "market value" of real estate. They are:

  9. Commonwealth v. Department of Highways

    369 S.W.2d 15 (Ky. Ct. App. 1963)   Cited 19 times

    Appellees were permitted to ask their witnesses to take into consideration the interference with the use and enjoyment of their property by reason of "the construction operation * * * in front of the home and also alongside of the tract" and the rock and dust blown into the yard. Appellees relied on Producers' Wood Preserving Co. v. Commissioners of Sewerage of Louisville, 227 Ky. 159, 12 S.W.2d 292, wherein the Court, quoting from an earlier case, said: "In condemnation proceedings landowners should be allowed to show all facts existing before the taking which a seller would adduce in attempting to make a sale and all facts resulting from the taking to which a purchaser would call attention in an effort to beat down the price."

  10. East Kentucky Rural Electric Coop. Corp. v. Smith

    310 S.W.2d 535 (Ky. Ct. App. 1958)   Cited 18 times

    The owners had listed their farm for taxation for several years at $8,690, of which $1,690 represented improvements. In determining what compensation should be paid for an easement taken under the power of eminent domain, the measure is its market value to the owner of the land taken and the loss caused to him by the taking and depriving him of its use. He is entitled to just and full compensation for both. ยง 242, Kentucky Constitution; Producers' Wood Preserving Co. v. Commissioners of Sewerage, 227 Ky. 159, 12 S.W.2d 292. Therefore, it is competent for either party in the proceeding to offer evidence descriptive of the property, its physical characteristics, its location and surroundings, etc.