City of Monterey v. Hansen

SALSMAN, J.

This is an appeal by the owners of land from the judgment and final order of condemnation based upon a jury verdict fixing the fair market value of their property. Appellants were the owners of Lots 9 and 12, Block D, as shown on map No. 2 of Del Monte Beach, Monterey County, described as parcel 3 in the complaint, and which respondent

[796]

sought to condemn for public use. The sole issue at trial was fair market value. One of appellants’ expert witnesses testified that the fair market value of each lot was $3,500; another testified the lots were worth $2,500 each. One of respondent’s witnesses testified the fair market value of appellants’ lots was $1,000 each; respondent’s other valuation expert testified that the value of Lot 12 was $1,000; the value of Lot 9, $800. The jury found the total fair market value of both lots to be $2,200.

At trial, appellants offered to prove by a Mr. Zabrowski the price which the latter had received for a lot he owned in Block H. Block H is across the street and to the south and east of Block D, the block in which appellants' lots are situated. The court properly sustained an objection to this testimony, for reasons hereafter stated. The appellants then called their appraiser, Mr. Clark, who stated that in his opinion each of appellants’ lots had a fair market value of $2,500. Clark was not asked by appellants to relate his knowledge of sales of other lots in the neighborhood, but on cross-examination, counsel for respondent made a detailed inquiry of the witness concerning the sale of some nine lots in Blocks D and E. These sales were stated to have taken place in 1958 and 1959, all within about two years or less of valuation date. The witness professed to have no knowledge of the prices paid for the various lots in the indicated transactions. At the conclusion of this cross-examination the witness was asked by the court: “Let me ask you this, Mr. Clark: Q. Did you find any comparable sales to the property in question?” This exchange then took place: “A. Yes, Your Honor. In my opinion the most comparable sales were in Block H, which I adjusted, because in my opinion they were in a better location and perhaps a little more adaptable as building sites. And those particular lots sold for $2500.00. The Court: There was no question asked about that. I didn’t ask you that at all. You know better than that. A. I apologize, Your Honor. The Court: That will be stricken from the record and the Jury is admonished to disregard the answer.”