Real Estate & Property Law

Is This Fair Press?

By Alan Ackerman

One cannot say for certain whether a Tennessee judge erred in excluding from trial the testimony of the property owner's appraiser and economist. A trial court should only use its broad discretion to exclude evidence that is clearly prejudicial or irrelevant to the question of valuation.

What concerns me more is The Tennessean's placement of the agency spokesman's quotation that it is 'protecting the taxpayers.' The article glosses over judicial bias, but it would have been fairer to elaborate on the fact that the planned convention center is effectively a for-profit project with questionable benefits to 'the taxpayers.' These acquisitions are patently unfair to the owners, as is letting the agency use the newspaper as a platform for its misleading statements, which risk prejudicing the jury.  

The Tennessean 

Tower Investments cannot use testimony from its property appraiser in its eminent domain case against Metro's development agency, a judge ruled Tuesday.

Davidson County Circuit Court Judge Barbara Haynes said the testimony of Jack Bailey would "do nothing but confuse the jury." Haynes also ruled against Tower's plans to have respected economist Arthur Laffer testify, but she said the developer could put commercial mortgage banker James Gunn on the stand.

The Metro Development and Housing Agency condemned land owned by Tower at Fifth Avenue South and Demonbreun Street almost a year ago so it can build a new convention center there. MDHA offered $14.8 million, or $60 per square foot, which was $20,000 more than Tower paid for it in 2007.

Haynes granted most of MDHA's motions to exclude evidence Tower sought to present. Tower has questioned Haynes' independence because her daughter is a partner at MDHA's law firm, Miller & Martin. The judge has said she doesn't recuse herself from cases unless a family member is directly involved.

MDHA's executive director, Phil Ryan, said the agency is trying to "protect the taxpayers of Davidson County." He said the special jury gave Tower an 8.8 percent increase over MDHA's offer for the land during an economic downturn.

Full post as published by National Eminent Domain Blog on January 28, 2011 (boomark / email).