Section 21 Other Evidence Issues

• Library: Condemnation Practice 2009

Occasionally, issues unique to condemnation cases may arise. As a general rule, evidence of assessed valuation is generally inadmissible to establish fair market value. Kansas City & G. Ry. Co. v. Haake, 53 S.W.2d 891 (Mo. 1932); St. Louis Hous. Auth. v. Gordon, 382 S.W.2d 451 (Mo. App. E.D. 1964). An exception to the general rule exists “[i]f it can be shown that the landowner has himself placed a value on the property in question, whether for taxation or otherwise, or has in some way assented or even acquiesced in fixing the valuation.” Haake, 53 S.W.2d at 892. This information may be used to impeach a former tax assessor testifying as to the fair market value of the subject property. State ex rel. State Highway Comm’n v. Blue Ridge Baptist Temple, Inc., 591 S.W.2d 248, 251 (Mo. App. W.D. 1979). Authority exists allowing the property owner...