wife rather than market value.
The Supreme Court observed that trespass damages are based upon the property’s change in market
value attributed to the trespass.
The court held Craig’s testimony about intrinsic value provided no evidence
to support damages under a market value standard. Because this personal or intrinsic value was not relevant
to market value or to an issue in the case, the Court held the jury’s damage award was not supported by the
The Court remanded the case for a new trial.
holds that when market value is a fact issue, the property owner’s valuation testimony must address
market value, not some other subjective valuation definition. Importantly,
and its progeny established
the predicate for parties giving valuation testimony under the rule — such witnesses must affirm their
familiarity with the subject property’s market value.
Once the witness meets this minimum requirement, the
amount of detail and support went to the testimony’s weight and not admissibility.
The Property Owner Rule Meets Rule 702
, several homeowners brought a nuisance suit against a gas plant operator. The Supreme Court
agreed the evidence supported the jury’s finding that the gas plant created a nuisance and then turned its
attention to damages. The plaintiffs provided their own valuation testimony under the Property Owner Rule
to support their respective damage claims.
, the Court affirmed that property owner valuation testimonymust “meet the same requirements
as any other opinion evidence.”
Court observed that since
, however, the Court has further
developed the requirements a Rule 702 expert’s testimony must meet before the opinions and conclusions
offered can support a judgment.
Coastal Transp. Co. v. Crown Cent. Petroleum Corp.,
the Court held
it is the “basis of the [expert] witness’s opinion and not his qualifications or bare opinions alone that can
settle an issue as a matter of law.”
and the cases that followed require experts provide more than
“credentials and a subjective opinion”
to meet the Rule 702 relevance and reliability requirements.