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This entry was published on 2014-09-22
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SECTION 60
Trial; evidence of value
Rapid Transit (RAT) CHAPTER 48-A, ARTICLE 6
§ 60. Trial; evidence of value. a. Upon the trial, evidence of the
price and other terms upon any sale, or of the rent reserved and other
terms upon any lease, relating to any of the property taken or to be
taken or to any other property in the vicinity thereof shall be
relevant, material and competent, upon the issue of value or damage and
shall be admissible on direct examination, if the court shall find:

1. That such sale or lease was made within a reasonable time of the
vesting of title in the city,

2. That it was freely made in good faith in ordinary course of
business, and

3. In case such sale or lease relates to other than property taken or
to be taken, that it relates to property which is similar to the
property taken or to be taken.

b. No such evidence shall be admissible as to any sale or lease, which
shall not have been the subject of an examination before trial either at
the instance of the city or of an owner:

1. Unless at least twenty days before the trial the attorney for the
party proposing to offer such evidence shall have served a written
notice in respect of such sale or lease. Such notice shall specify the
names and addresses of the parties to the sale or lease, the date of the
making thereof, the location of the premises, the office, liber and page
of the record thereof, if recorded, and the purchase price or rent
reserved and other material terms; or

2. Unless such sale or lease shall have occurred within twenty days
before the trial.
Such notice by the corporation counsel shall be served upon all owners
or their attorneys who have appeared in the proceeding; or if served on
behalf of an owner, shall be served upon the corporation counsel and
upon all other owners or their attorneys who have appeared in the
proceeding. The testimony of a witness as to his opinion or estimate of
value or damage shall be incompetent, if it shall appear that such
opinion or estimate is based upon a sale or lease of any of the property
taken or to be taken or of any of the property in the vicinity thereof,
which shall not have been the subject of an examination before trial,
unless it shall have been specified in a notice served as aforesaid or
shall have occurred within twenty days before the trial.
c. Upon the trial, no map or plan of proposed streets, drains or sewers
for the subdivision and improvement of any property, nor any drawing or
other specification of excavation or filling or piling or of any other
proposed structure above or under ground deemed necessary or proper to
provide a foundation for a suitable or adequate improvement or of any
other structure or improvement not existing on the property on the date
that title thereto may vest in the city nor any oral or written estimate
of cost or expense of constructing the streets, drains or sewers in
conformity with such map or plan, nor any oral or written estimate of
the cost of making such excavation or filling or piling or of
constructing any such other proposed structure or improvement in
conformity with such drawing or other specification thereof, nor any
evidence of value or damage based upon any of the foregoing, shall be
received in evidence, unless the party offering the same in evidence
shall have served upon the adverse party, at least thirty days prior to
the trial, a notice of intention to offer such evidence on the trial and
of the particulars thereof, including a true copy of the map or plan or
drawing and other specification and estimate of cost or expense to be so
offered in evidence, provided, however, that when offered such evidence
shall be subject to objection upon any legal ground.