Every person whose land is taken for public use by eminent domain proceedings is constitutionally entitled to receive just compensation, which has been defined by all courts as fair market value. The history of condemnation proceedings is the history of the courts' struggle to devise methods of determining the fair market value of land. The scope of this article is limited to the importance of land value experts in determining fair market value. The rules of admissibility of evidence in the Nebraska courts are at variance with the actual procedures employed by real estate experts. The purpose of this article is to compare business methods of land valuation with court methods in condemnation proceedings, and to suggest modifications in evidentiary rules that will permit the best use of expert testimony and achieve an equitable result for both the condemnor and condemnee.
Richard P. Nelson,
Real Estate Valuation in Condemnation Cases—The Place for the Expert,
43 Neb. L. Rev. 137
Available at: http://digitalcommons.unl.edu/nlr/vol43/iss1/8