Section 18.32 Real Property, Structures, and Crops

• Library: Tort Law 2016

B. (§18.32) Real Property, Structures, and Crops

Fair market value is the price property would bring in a sale by a willing owner to a buyer who is under no compulsion to buy. See:

· Shirley’s Realty, Inc. v. Hunt, 160 S.W.3d 804, 808 (Mo. App. W.D. 2005)

· Wasson v. Schubert, 964 S.W.2d 520, 526 (Mo. App. W.D. 1998)

· Larabee v. City of Kansas City, 697 S.W.2d 177 (Mo. App. W.D. 1985)

"A homeowner is qualified to express an opinion upon the diminution in value in his property." Wasson, 964 S.W.2d at 525; St. Louis Cnty. v. Taylor-Morley, Inc., 923 S.W.2d 507, 511 (Mo. App. E.D. 1996). In tort actions, the matter of fixing damages rests in the sound discretion of the trier of fact. Combs v. Combs, 284 S.W.2d 423 (Mo. 1959).

The measure for damages for injury to real property is generally the difference in market value before and after the damage. Dubinsky v. United States Elevator Corp., 22 S.W.3d 747 (Mo. App. E.D. 2000).

The cost-of-repair test is limited to cases in which the repair constitutes...