Bert Ruud and Emma Ruud v. United States

An action for condemnation of three parcels of land in Idaho belonging to appellants was brought by the government. There is but one question of importance *461 raised. The trial court refused to allow certain farmers, who testified they were well acquainted with the parcels of land and that they knew the farming practices in the vicinity and the value of lands in the particular neighborhood, to give opinions either as to the highest and best use to which the parcels could be put on the date of taking or as to the fair market value of the lands involved in the action on the date of taking. The government objected to the evidence on the ground that the witnesses had not been qualified as experts on appraising real estate.

The court ruled that the particular witnesses could not give opinions on such subjects unless qualifications of such witnesses were shown in connection with making an appraisal of land. In other words, the trial court required every witness, before giving an opinion as to the highest and best use or the fair market value of the particular property in issue, to be qualified as an expert real estate appraiser. This was error.

A farmer, who knows the property,…

(dissenting).

We are all agreed that the ruling of the court refusing to permit the farmer witnesses to testify as to the value of the land was error. That it was prejudicial error cannot be doubted. For as anyone *464 who has lived in a farming area knows, the average juror in such a locality is apt to have a higher regard for the views of a dirt farmer than for the opinions of those whose ideas of land values are accumulated in a swivel chair or by driving past a few ranches.

The suggestion that appellants waived their point or “lulled the trial court into inaction” by failing to hand the judge citations will not bear analysis. When the citations were mentioned the judge had made his ruling, it was final, and there was no reservation about it. The only thing discussed was a possible effort to get the judge to change his mind. No rule I have ever heard of requires a lawyer to furnish citations under such circumstances. A judge is presumed to know the law. Most records reviewed by this court fail to show whether the trial judge was furnished one or a dozen or any citations. His rulings are reviewed nevertheless. Furthermore, the judge mentioned the evening as the time to bring…

256 F.2d 460 Bert RUUD and Emma Ruud, Appellants, v. UNITED STATES of America, Appellee. No. 15546. United States Court of Appeals Ninth Circuit. March 18, 1958. Holden, Holden & Kidwell, William S. Holden, Idaho Falls, Idaho, for appellant. Perry W. Morton, Asst. Atty. Gen., Roger P. Marquis, Elizabeth Dudley, Attorneys, Department of Justice, Washington, D. C., Ben Peterson, U. S. Atty., Boise, Idaho, for appellee. Before HEALY, POPE and FEE, Circuit Judges. JAMES ALGER FEE, Circuit Judge. 1 An action for condemnation of three parcels of land in Idaho belonging to appellants was brought by the government. There is but one question of importance raised. The trial court refused to allow certain farmers, who testified they were well acquainted with the parcels of land and that they knew the farming practices in the vicinity and the value of lands in the particular neighborhood, to give opinions either as to the highest and best use to which the parcels could be put on the date of taking or as to the fair market value of the lands involved in the action on the date of taking. The government objected to the evidence on the ground that the witnesses had not been qualified as…