Vierling v. Independent School District No. 720
Vierling v. Independent School District No. 720
Opinion of the Court
Independent School District No. 720 instituted proceedings to acquire by condemnation a strip of land about 1,400 by 300 feet, containing approximately 10 acres and located on the north end of appellant’s 160-acre farm, just south of the city of Shakopee, Minnesota.
The rulings of the trial court which barred interrogation of the school district superintendent with respect to the contemplated use of the condemned tract were not erroneous. The function of the jury in cases such as this is to determine the amount of damages sustained by the owner.
The landowner attempted to qualify her value witnesses by showing that they had long been residents in the vicinity of the real estate involved. If this was a sufficient foundation for their testimony, the rulings, comments, and instructions given by the trial court were prejudicial to the appellant. The rule which permits testimony of persons living in the vicinity of a condemned tract to give opinions as to the value of the property taken,
The cross-examination of the condemnor’s witnesses was not
Affirmed.
See, Minn. Const, art. 1, § 13; Minn. St. 117.02, subd. 2, and 117.14; State, by Lord, v. North Star Concrete Co. 265 Minn. 483, 122 N. W. (2d) 118; State, by Lord, v. Casey, 263 Minn. 47, 115 N. W. (2d) 749; State, by Lord, v. Pearson, 260 Minn. 477, 110 N. W. (2d) 206; State, by Lord, v. Rust, 256 Minn. 246, 98 N. W. (2d) 271; City of Crookston v. Erickson, 244 Minn. 321, 69 N. W. (2d) 909; Simmons v. St. Paul & Chicago Ry. Co. 18 Minn. 168 (184); 6 Dunnell, Dig. (3 ed.) §§ 3052, 3110; 4 Nichols, Eminent Domain (3 ed.) §§ 14.1 [2], 14.21.
See, City of Crookston v. Erickson, supra; State, by Peterson, v. Bentley, 231 Minn. 531, 45 N. W. (2d) 185; 4 Nichols, Eminent Domain (3 ed.) §§ 14.24 to 14.249; 1 Orgel, Valuation Under Eminent Domain (2 ed.) § 56, pp. 257 to 265.
Cf. State, by Lord, v. Pearson, 260 Minn. 477, 110 N. W. (2d) 206; In re County Ditch No. 33, Marshall County, 150 Minn. 69, 184 N. W. 374.
See, Minn. St. 123.36 and 123.63; Alexander v. Phillips, 31 Ariz. 503, 254 P. 1056, 52 A. L. R. 244, 254; Moyer v. Board of Education, 391 Ill. 156, 62 N. E. (2d) 802; School Trustees v. Sherman Heights Corp. 20 Ill. (2d) 357, 169 N. E. (2d) 800; McNair v. School Dist. No. 1, 87 Mont. 423, 288 P. 188, 69 A. L. R. 866; Nicholas v. Calhoun, 204 Miss. 291, 37 So. (2d) 313; 78 C. J. S., Schools and School Districts, § 248a(1); 47 Am. Jur., Schools, § 64; 48 L. R. A. (N.S.) 486.
See, 6 Dunnell, Dig, (3 ed.) § 3073; 3 Wigmore, Evidence (3 ed.) § 714(5); 32 C. J. S., Evidence, § 545, p. 304; 20 Am. Jur., Evidence, § 897.
See, Mauvaisterre Dist. v. Wabash Ry. Co. 299 Ill. 299, 132 N. E. 559, 22 A. L. R. 944; County of Cook v. Holland, 3 Ill. (2d) 36, 47, 119 N. E. (2d) 760, 766, where it is said: “Certainly, more must be required of a witness than the categorical statement that he is familiar with the property before he will be permitted to testify as to value, and this is especially so in a case such as this where an effort is being made to prove that the land is adaptable to a special use.”
Case-law data current through December 31, 2025. Source: CourtListener bulk data.