EMINENT DOMAIN -VALUATION OF LAND - EVIDENCE OF POTENTIAL USE

Authors

Donald H. Larmee, University of Michigan Law SchoolFollow

Abstract

The United States Government condemned certain lands of the petitioners on the island of Oahu for a federal public purpose. Although the owners of the lands had for many years used them mainly for cattle raising, they had in view the ultimate use of them for the growing of sugar cane. The petitioners offered to prove that over 3,000 acres of the tract were suitable for the growing of sugar cane due to the climate and contour of the land. They further offered to prove that on other lands owned by them a water source was available from which water could be transported a distance of eight miles to the land in question; and that the adaptability of the land for sugar cane raising greatly enhanced the market value thereof because a prospective purchaser would take into consideration the reasonableness of procuring water and raising sugar cane. The trial court rejected this evidence on the ground that the possibility of bringing water from outside sources was too remote and speculative. The Supreme Court held that the lower court erred in rejecting this evidence, pointing out that all possible uses to which the land may be put may be shown if the possibility of such use is reasonably sufficient to affect the market value. McCandless v. United States, 298 U.S. 342, 56 S. Ct. 764 (1936).