Kansas City, Olathe, Lawrence & Topeka Railway Co. v. Weidenmann

Citations

• 77 Kan. 300
• 94 P. 146
• 1908 Kan. LEXIS 262

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Condemnation Proceedings — Opinion Testimony of Market Value of Land. In a proceeding to condemn a right of way for a railroad through a farm a farmer who has lived many • years in the neighborhood and knows the character of the land and the course of the railroad through it, as well as the condition in which it was left by the construction of the railroad, and who states that he is acquainted with its market value in that neighborhood, is competent to express an opinion of its market value, although he does not know of any actual sales in the neighborhood at the time the land was appropriated.</p> <p>2. - Rule for Determining Market Value of Land. In determining the market value of land appropriated any and</p> <p>every legitimate use to which it may be applied and for which it is adapted, including that which is most advantageous and valuable, may be considered. 3. - Evidence of Specific Sales in Determining Market Value. The issue of what an owner should receive for land condemned cannot be established by some specific or exceptional sale in the neighborhood, but to test the knowledge of witnesses and the value of opinions given by them as to. values they may be asked, on cross-examination, as to other transactions and as to sales of other property.</p>