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Robert Stovall Family LP v. Carroll County Water Auth.

Objections to the evidence of the price paid for the condemned property over 12 years before its taking go to its weight and not its admissibility.

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The Robert Stovall Family, L.P., Graham Stovall Family, L.P. and Anne F. Stovall collectively “Stovalls” appeal from the trial court’s denial of their new trial motion in this condemnation action. On appeal, the Stovalls contend the jury verdict in their favor in the amount of $339,960.00 should be overturned because the trial court erroneously admitted evidence concerning the price they paid for the condemned land over 12 years before the Carroll County Water Authority’s taking of their land. We disagree and affirm.

The Stovalls contend the trial court should not have allowed the Carroll County Water Authority to introduce, over objection, evidence of the price the Stovalls paid for 323 acres of land in 1988 to determine the value of a smaller portion, 135.984 acres, that the Carroll County Water Authority condemned in 2000. The Stovalls argue on appeal that this evidence should not have been admitted because 1 it is too remote in time to establish the value of the land at the time of the taking and 2 the 1988 sale was not an arm’s length transaction reflecting the true market value of the land at the time of its purchase.

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