People v. Huyke
People v. Huyke
Opinion of the Court
delivered the opinion of the Court.
The People of Puerto Rico represented by the Commissioner of the Interior brought proceedings to condemn a parcel of land of 4.36 acres (cuerdas) equivalent to 17,168.35 square meters, located in the Hato Rey ward of Río Piedras, belonging to defendant Juan B. Huyke. To this end it deposited in the lower court, at the disposal of the defendant, the sum of $17,440 which it estimated was the reasonable
“After segregating 6,800 meters for streets from the con-* demned parcel of land which consists of 17,168.35 sq. m., there would remain 10,500 meters for lots, that is, 35 lots of 300 sq. m. each, which calculated, not at the maximum price at which ■ other lots have already -been sold, but at $8 per sq. m., would only produce a total of $84,000. This sum, less the cost of the street at the rate of $50 per lineal meter, amounting to $26,000, would leave a profit to Mr. Huyke of $58,000, which is the value ' of the lots and the amount that should be awarded as compensa- ' tion.”1
As correctly maintained by the plaintiff the method ' used by the defendant does not lead to an accurate determina- '
For the purpose of making a just appraisal we must consider the land as a whole and not as lots to be condemned; we should not take as a basis what a speculator, at his peril, might be able to obtain in the future, but the price that a buyer is willing to pay at a voluntary sale and that at which a vendor, under like circumstances, would be willing to sell, taking into account the condition of the land at the time of the condemnation and the most profitable use to which the owner might devote it within a reasonably near future. George L. Schmutz, Condemnation Appraisal Handbook (1949, ed.) p. 224; I Nichols, The Law of Eminent Domain, (1917, 2d ed.) § 219; W. A. Manda v. City of Orange, 82 Atl. 869 (N.J. 1912); City of Los Angeles v. Hughes, 262 P. 737 (Cal. 1927); Pennsylvania S.V.R. Co. v. Cleary, 17 Atl. 468 (Penn. 1889); United States v. 3544 Acres of Land, etc., 147 F. (2d) 596 (C.A. 3d 1945).
The plaintiff introduced evidence to the effect that several lots of the development of the defendant adjacent to the condemned land had been sold at $2 per square meter and even at lower prices and that said parcel contains a tract of 3,675.25 sq. m. which is marshland. On this score we can not agree with the appellant that the lower court committed manifest error in appraising the condemned parcel of land at the rate of $2 per square meter. The judgment of the lower court will be affirmed.
In his answer the defendant claimed the amount of $40,000 as the reasonable value of the land.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.