US Laws, Codes, Statutes & Cases

 
    §  5-314 Trial of proceeding; evidence. a. Upon the trial, evidence of
  the price and other terms upon any sale, or of  the  rent  reserved  and
  other  terms upon any lease, relating to any of the 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  the
  following:
    1.  That  such  sale or lease was made within a reasonable time of the
  vesting of title in the city,
    2. That it was freely  made  in  good  faith  in  ordinary  course  of
  business, and
    3.  In  case  such sale or lease relates to other than property taken,
  that it relates to property which is similar to the property taken or to
  be taken.
    No such evidence, however, shall be  admissible  as  to  any  sale  or
  lease,  which  shall  not have been the subject of an examination before
  trial either at the instance of the city or of an owner, unless at least
  twenty days before the trial the attorney for  the  party  proposing  to
  offer  such  evidence  shall  have served a written notice in respect of
  such sale or lease, which notice shall specify the names  and  addresses
  of  the  parties  to the sale or lease, the date of making 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  corporation  counsel
  shall  be served upon all owners or their attorneys who have appeared in
  the proceeding; or if served on behalf of an owner, shall be served upon
  the corporation counsel and upon all other owners or their attorneys who
  have appeared in the proceeding. The testimony of a witness as to his or
  her opinion or estimate of value or damage shall be incompetent,  if  it
  shall appear that such opinion or estimate is based upon a sale or lease
  of any of the property taken or to be taken or of any of the property in
  the  vicinity  thereof,  which  shall  not  have  been the subject of an
  examination before trial, unless it  shall  have  been  specified  in  a
  notice  served  as  aforesaid  or shall have occurred within twenty days
  before the trial.
    b. Upon the trial, no map or  plan  of  proposed  streets,  drains  or
  sewers  for  the  subdivision  and  improvement of any property, nor any
  drawing or other specification of excavation or filling or piling or  of
  any  proposed structure above or under ground deemed necessary or proper
  to provide a foundation for a suitable or adequate  improvement,  or  of
  any  other  structure or improvement not existing on the property on the
  date that title thereto may vest in the city, nor any  oral  or  written
  estimate  or  cost  or  expense  of  constructing the streets, drains or
  sewers in conformity with such map or plan,  nor  any  oral  or  written
  estimate  of  the cost of making such excavation or filling or piling or
  of constructing any such other  proposed  structure  or  improvement  in
  conformity  with  such  drawing  or other specification thereof, nor any
  evidence of value of damage based upon any of the  foregoing,  shall  be
  received  in  evidence,  unless  the party offering the same in evidence
  shall have served upon the adverse party, at least thirty days prior  to
  the trial, a notice of intention to offer such evidence on the trial and
  of  the particulars thereof, including a true copy of the map or plan or
  drawing and other specifications and estimate of cost or expense  to  be
  so  offered  in  evidence,  provided,  however,  that  when offered such
  evidence shall be subject to objection upon any legal ground.
    c. Upon the trial, no evidence shall be admitted, as against an  owner
  of  real  property  being  acquired, of an offer made by or on behalf of

  such owner for the sale of his or her property or any  part  thereof  to
  the  city,  or  for the sale or assignment of any right and title to the
  award or awards, or any part thereof, to be made for  such  property  or
  any part thereof, in the proceeding; nor shall any evidence be received,
  as  against  the  city,  of  any  offer made to such owner, by or on its
  behalf, for the purchase of such property or any part thereof or for the
  purchase of the award or awards or any part thereof, to be made for such
  property, or any part thereof, in the proceeding.