Board of Levee Commissioners v. Nelms

Citations

• 82 Miss. 416

Syllabus

<p>1. Eminent Domain. Value of land. Evidence. Opimion of non-expert.</p> <p>In an eminent domain proceeding, it is competent for a witness, familiar with tbe land sought to be taken, to testify about crops which had been produced on it, its location, distance from transportation facilities, and the character of th'e soil, and therefrom to give his opinion of its value, although he is not an expert.</p> <p>2. Same. Deeds: Becitals of value of neighboring land.</p> <p>Deeds to neighboring lands are not admissible in evidence in condemnation proceedings, although-by their recitals they show the considerations paid for the lands conveyed by them.</p> <p>3. Same. Sales of neighboring lemds.</p> <p>Sales of neighboring lands of like quality as that sought to. be condemned, and prices actually paid, may be proved in condemnation proceedings, in order to weaken opinions of value.</p> <p>4. Same. Opinions of land values. No sales.</p> <p>Opinion evidence of the value of the lands sought to be taken is admissible in condemnation proceedings, although no , sales of neighboring lands have been made.</p> <p>5. Same. Laws 1887, chapter 19, p. 22.</p> <p>Under laws 1897, Laws, chap. 19, pp. 22-29, regulating 'eminent domain proceedings by the Board of Levee Commissioners, for the Yazoo & Mississippi Delta:</p> <p>(а) The jury must find for the land owner where tble appraisers have awarded him damages, and he has appealed to the circuit court.</p> <p>(б) A verdict for the land owner must, under section 9 of the.act, be itemized.</p> <p>(c) The sum awarded a tenant for his leasehold is not to. be deducted from the sum awarded to the owner of the fee.</p>