Section 16. Proceedings as to evidence in appropriation cases  


Latest version.
  • 1. Upon the
      trial of any claim for the appropriation of real property or an interest
      therein, evidence of the price and other terms upon any sale, or of  the
      rent  reserved  and other terms upon any lease, relating to any property
      taken or to be taken or to any other property in  the  vicinity  thereof
      shall  be  relevant,  material and competent, upon the issue of value or
      damage and shall be admissible on direct examination, if the court shall
      find (1) that such sale or lease was made within a  reasonable  time  of
      the vesting of title in the state, (2) that it was made in good faith in
      the  ordinary  course  of  business,  and (3) in case such sale or lease
      relates to other than property taken or to be taken, that it relates  to
      property  which  is  similar  to  the  property  taken  or  to be taken;
      provided, however, that no such evidence shall be admissible as  to  any
      sale or lease, unless at least twenty days before the trial the attorney
      for  the party proposing to offer such evidence shall have served either
      personally or by mail a written notice in respect of such sale or lease,
      which said notice shall specify the names and addresses of  the  parties
      to  the  sale  or lease, the date of making of the same, the location of
      the premises, the office, liber and page of the record of the  same,  if
      recorded,  and  the  purchase  price or rent reserved and other material
      terms; or unless such sale or lease shall have  occurred  within  twenty
      days  before  the  trial.  Such  notice by the attorney-general shall be
      served upon all claimants or their attorneys named in the claim;  or  if
      served   on   behalf   of   a   claimant,   shall  be  served  upon  the
      attorney-general and upon all other claimants or their  attorneys  named
      in  the claim. Where the court has received and accepted evidence of the
      price and other terms upon any sale or of the rent  reserved  and  other
      terms  upon  any  lease of property in the vicinity of the parcel taken,
      the court may, in its discretion, view such properties.
        2. Upon the trial evidence showing the amount or valuation  for  which
      each  parcel  of such real property taken has been assessed for purposes
      of taxation on the city, town or village assessment rolls,  wherein  the
      real  property  is  situated,  for each of the three years preceding the
      date of said  taking  shall  be  received  in  evidence,  such  assessed
      valuation,  in case only part of an entire plot in a single ownership is
      to be acquired, shall include the valuation of all buildings encroaching
      upon or within the bounds of the taking  provided,  however,  that  when
      offered  such  evidence  shall  be  subject  to objection upon any legal
      ground.