Mississippi State Highway Commission v. Spiers
Mississippi State Highway Commission v. Spiers
Opinion of the Court
This case is before us on appeal by the Mississippi State Highway Commission from a judgment of the Circuit Court of Pearl River County rendered in favor of the appellees, James C. Spiers and his wife, for the sum of $50,000, as compensation and damages for the taking of a strip of land, containing 43.78 acres, to be used for highway right of way purposes in the construction of a new interstate highway running through and across the appellees’ 336-acre tract of land situated approximately eight or nine miles northeast of the City of Picayune in the southern part of Pearl River County.
The record shows that the Mississippi State Highway Commission, on July 26, 1962, filed with the Clerk of the Circuit Court of Pearl River County its application for the organization of a special court of eminent domain for the condemnation of the above mentioned strip of land owned by the appellees for highway right of way
The record shows that the appellees’ 336-acre tract of land constituted a fractional part of Section 34, Township 4 South, Range 6 West, and a fractional part of Section 3, Township 5 South, Range 16 West, all in Pearl River County. According to the application for condemnation of the above mentioned strip of land for right of way purposes, the new highway was to enter the appellees’ land from a northeasterly direction a short distance south of the northeast corner thereof and then run thence diagonally in a southeasterly direction through and across the appellees’ land to the point of intersection with the south boundary line of the appellees’ land in Section 3, Township 5 South, Range 16 West.
At the time the eminent domain suit was filed the 336-aere tract of land was being used by the appellees, James C. Spiers and wife, as a cattle farm and for the pasturage of horses. The northern portion of the 336-acre tract was traversed by a gravel county road running in a general easterly and westerly direction which, according to the plans for the construction of the interstate highway, was to be relocated and reconstructed with an overpass across the interstate highway.
Much of the appellees’ land at the time the eminent domain suit was filed was cutover land referred to in the record as woodland pasture. The remaining part of the land was open land, including 40 acres of bahia grass land, 81 acres of unimproved native grass land, approximately 8 acres of crop land, and 1 acre of pecan trees. The dwelling house, which appears to have been
The record shows that a special court of eminent domain was organized for the trial of the eminent domain suit and the case was tried on July 25, 1962. The jury returned a verdict awarding compensation and damages to the owners in the amount of $35,000, and a judgment was entered for that amount. From that judgment the State Highway Commission prosecuted an appeal to the circuit court. The case was tried anew in the circuit court at the regular April 1963 term thereof, and the jury returned a verdict in favor of the landowners for the sum of $50,000. The appellants filed a motion for a new trial, alleging as grounds therefor that the verdict of the jury was so excessive as to denote bias and prejudice on the part of the jury and was not supported by a preponderance of the evidence. The court overruled the appellant’s motion for a new trial, and from the judgment entered in favor of the appellee landowners for the above stated sum of $50,000, the appellant has prosecuted this appeal.
The appellant’s attorneys have assigned and argued four points as grounds for reversal of the judgment of the lower court.
Four witnesses were called to testify by the State Highway Commission on the issue as to the amount of compensation which should be paid to the landowners on account of the taking of the 43.78-acre strip for highway right of way purposes.
Charles B. Moore, a licensed real estate broker with considerable experience in appraising the value of farm lands and timber lands testified that he made an inspection and appraisal of the Spiers land for the State Highway .Commission during the month of July 1962 for the purpose of determining the fair market value of the land before and after the taking of the 43-aore strip of land for highway purposes. He stated that in his opinion the fair market value of the 336-acres before the taking was $48,290; after the taking, $35,400; and that the differences in value after the taking amounted to $12,800. The witness was asked whether he knew of recent sales of comparable property, which might be used as a basis for the valuation of the Spiers property before and after the taking. His answer was that he knew of several such sales. He mentioned the sale of the Gonzales farm containing 160 acres and fronting on the Sycamore paved road, which was sold to George Spiers on June 6, 1961; the sale of the Harrison Penton farm, situated about three miles from the Spiers’ property and fronting on a blacktop road, which was sold to Charles F. White on September 9, 1961; the sale of the Benton Pigott place, situated approximately three miles from the Spiers land, which was sold to Sam Dyer
J. W. Morgan testified that he lived at Mozelle in Jones County where he owned a 120-acre farm; that he had received a B.S. degree from Mississippi State University and had received credit for 15 hours of graduate work in agriculture at that institution; that he had taught agriculture in the public schools of the state for a period of several years, that he had been employed as an appraiser by the State Highway Commission for a period of 4% years. He stated that he had made an appraisal of the Spiers property in July 1962; that in his opinion the market value of the Spiers property before the taking of the 43.78-acre strip of land for highway purposes was $45,000; that the market value of the property after the taking was $31,500; that the difference between the market value of the property before the taking and the market value after the taking was $13,500. Morgan stated that he knew of several recent sales of comparable farm lands in the vicinity of the Spiers property. He then mentioned the sale of the Hillcrest Farm, containing approximately 1320 acres,
On cross-examination by the defendants’ attorneys Morgan stated that the Harrison Penton place, with the buildings thereon, had been sold to Charles White for a price equal to $281 per acre; that the Pigott place had been sold for $210 per acre; that the Hillcrest farm, which had better pasture land and more buildings thereon than the Spiers’ farm, had been sold for $132,000, or approximately $100 per acre. Morgan stated that the Spiers’ farm was being operated as a cattle farm, with a few horses, but it was not being used to the fullest extent; that around the barn there was an improved pasture and north of the county road there was an improved pasture, but the southeast portion of the 336-acre tract was an “old field lying there more or less doing nothing”; that there was no improved pasture on that acreage and bushes were growing up. Morgan stated that, in estimating the value of the property left after the taking of the 43.78-acre strip for right of way purposes, he made due allowance for the decrease in value due to the fact that the land was being divided into four parts.
Edward O. Robinson testified that he lived at Picayune and was engaged in the real estate business; that he had appraised many tracts of farm lands in Pearl River County and the northern portion of Hancock County. Robinson stated that he had made an appraisal of the Spiers property for the State Highway Commission a few days prior to July 25, 1962; that in his opinion the fair market value of the Spiers property before the taking of the 43.78-acre strip for highway purposes was $58,100; that the fair market value of the property
F. L. Abrogast testified that he lived four miles west of Carriere, and he owned a tung and grass farm containing 230 acres; that he was a licensed real estate broker; that he had acted as field appraiser for the Veterans’ Administration and the Federal Housing* Administration, that he. had also appraised property for
The defendant, James C. Spiers, testifying in his own behalf, testified that his land was located a little less than four miles east of McNeil on the road known as the McNeil and Camp Roland road, which had a blacktop surface to a point about nine-tenths of a mile from his farm. He stated that he was familiar with the market value of farm properties in that area; that in his opinion the value of the 336 acres of land owned by him before the taking of the 43.78-acre strip for highway purposes was $64,900; that the value of the prop
On cross-examination Spiers was asked whether he had information concerning sales of comparable property in the locality. His answer was that he did have such information concerning sales of comparable property in the locality. He then mentioned the sale of a 3-acre parcel of land by F. S. Lumpkin to Carl Carlson for $1,000 an acre. The sale was made on July 1, 1961. The 3-acre parcel of land was situated 2% miles south of Spiers own farm, and he considered the property
Four other witnesses were called to testify as witnesses for the defendants.
C. C. Barefoot testified that he lived in Pearl River County; that he was a licensed real estate salesman and had been engaged in the real estate business since January 1962; that during that time he had appraised farm property and business property and had investigated the sale prices of lands all over Pearl River County. He stated that he appraised the James C. Spiers property on July 17, 1962, and in his opinion the value of the Spiers property prior to the taking* of the 43.78 acres of land for right of way purposes was $82,890, that the after taking value of the property was $40,869, and that the damages which resulted from the taking amounted to $42,029. Barefoot was asked whether, in arriving at his values, he made use of any information
Perris E. Tate testified that he had lived in Pearl River County all of his life; that the business in which he was engaged was a real estate business; that he had made appraisals of farm lands and other properties in various parts of the county, and was familiar with the market value of lands all over the county. He stated that he had inspected the Spiers property on July 17, 1962, and in his opinion the fair, market value of the property before the taking of the 43.78-acre strip for right of way purposes was $80,100; after the taking, $31,690; and that the difference in between the value ■of the land-before the taking of the 43.78-acre strip and the value after the taking was $48,410. The witness was questioned at length concerning the various elements
On cross-examination the witness admitted that he did not have a license as a real estate appraiser and that he did not list property for sale or sell property on commission for other people. The witness was asked who lived in the dwelling house on the Spiers place. His answer was he thought it was vacant. The witness was then asked what other properties he used as a basis for the comparison in attempting to place a value on the Spiers property. His answer was that he considered the 3-acre parcel of land sold by F. S. Lumpkin to Carl Carlson for the sum of $3,000; the 2%-acre lot sold by J. C. Ford to Central' Service and Supply in April 1962 for the sum of $2500; also the 2y2-acre lot sold by A. D. McLemore to J. E. Mitchell for the sum of $3,500. He also considered the sale by M. J. Keifer to Lemuel Pearson and' Ben O. Griffith of 52 acres of land with frontage on Highway No. 11 right across the highway from the Pine Hill Tourist Court for $325 per acre. The witness stated that he did not consider any sales other than those mentioned above in determining the value of the Spiers property.
E. F. Loe testified that he graduated from Louisiana State University with a Forestry degree in 1938; that he had lived in- Picayune for 17 years; and that he was operating a real estate business under the name of FordLoe Real Estate ■ Company. Loe stated that he made an inspection and an appraisal-of the Spiers property on July 17, 1962; that in his opinion the fair market value of the property before the taking of the highway right of way was $63,400, and after the taking, $24,840;
We think the verdict of the jury in this case is grossly excessive, so excessive as to indicate bias and prejudice on the party of the jury. The testimony of all of the witnesses shows that the 336-acres of land owned by the appellees was rural land, far removed from the centers of population, and that the land was being used by the appellees as a cattle farm and for the grazing of horses; and there is nothing* in the record to indicate that the land would be used for residential or commercial purposes at any time within the foreseeable future.
The testimony of the appellees’ witnesses concerning the sale by Spencer Lumpkin to Carl Carlson of a three-acre building lot fronting on a blacktop highway about two miles east of Carriere for the sum of $3,000, and the sale of the 2%-acre lot situated in the village of Carriere by J. C. Ford to Central Service and Supply for $2,500, afforded no basis for a valuation of farm property devoted to the pasturage of cattle. The ap
It can be readily seen that the appellees were entitled to substantial damages for the taking of the 43.78-acre strip of land for the limited access highway. The severance of the 167 acres of land lying east of the new highway from the remaining parts of appellees’ land lying west of the new highway and the severance of the 68 acres in the southwest corner of the 336-acre tract from the remaining part of the land lying west of the new highway, was an element of damages which the jury had a right to consider in determining the value of the property left to the appellees after the taking of the 43.78-acre strip for right of way purposes. But there is no testimony in the record to justify an award of damages in the amount of $50,000. Spiers, testifying in his own behalf, stated that in his opinion the fair market value of the 336 acres before the taking was $64,900. The appellees had left after the taking 292 acres which, according to Spiers’ own testimony, included a considerable portion of the best land that he owned. Neither the dwelling house nor the barn were included in the strip taken for right of way purposes.
After a careful review of the testimony we hold that the verdict for $50,000 was so grossly excessive as to evince bias and prejudice on the part of the jury. Miss. State Highway Comm. v. Roche, 249 Miss. 792, 163 So. 2d 874 (Miss. 1964); Miss. State Highway Comm. v. Taylor, 237 Miss. 847, 116 So. 2d 757 (1960); Miss. State Highway Comm. v. Pittman, 238 Miss. 402, 117 So. 2d 197 (1960); Miss. State Highway Comm. v. Valentine, 239 Miss. 890, 124 So. 2d 690 (1960); Miss. State Highway Comm. v. Rogers, 236 Miss. 800, 112 So. 2d 250 (1959); Miss. State Highway Comm. v. Ellzey, 237 Miss. 345, 114 So. 2d 769 (1959).
Reversed and remanded' unless the appellees accept the specified remittitur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.