Proceedings by the Trust Territory v Etscheit [1971] TTLawRp 58; 5 TTR 586 (14 December 1971)

5 TTR 586

IN THE MATTER OF THE PROCEEDINGS BY THE TRUST

TERRITORY OF THE PACIFIC ISLANDS, Plaintiff

v.

FOR CONDEMNATION OF THE PROPERTY OF CARLOS ETSCHEIT,

LEO ETSCHEIT, ELLA ETSCHEIT JOUBERT, CAMILLE ETSCHEIT,

DR. ROBERT ETSCHEIT, and Unknown Others, Defendants

Civil Action No. 298

Trial Division of the High Court

Ponape District

December 14, 1971

Eminent domain action wherein defendants challenge compensation awarded. The Trial Division of the High Court, Arvin H. Brown, Jr., Associate Justice, held that just compensation for the taking would be the fair market value at the time of the taking but defendant to not place a value on the land based upon a particular or special use.

1. Eminent Domain-Value-Burden of Proof

The owners have the burden of proof to establish the fair market value of the property taken for a public purpose, and that value is the fair market value as of the date of the taking.

2. Eminent Domain-Value-Just Compensation

In determining what constitutes "just compensation" in an eminent domain action the court is required to establish a fair value for the land. (1 T.T.C. § 4; 10 T.T.C. § 54)

3. Eminent Domain-Value-Just Compensation

In eminent domain proceedings just compensation is the reasonable market value of the land at the time the complaint and declaration of taking were filed.

4. Eminent Domain-Value-Special Uses

Although all uses to which property taken by eminent domain is adapted and is available and for which there is a current market demand may be considered in determining its value, it is improper to value a parcel of property based upon a particular or special use, such as the cutting of computed timber.

5. Eminent Domain-Value-Special Uses

Defendants, in eminent domain case, basing their estimate as to the property's value upon the potential worth of mangrove logs, sought to establish a value which was remote, contingent and speculative, and as such it was improper and could not be considered by the court.

Assessor: Interpreter: Reporter: Counsel for Plaintiff: Counsel for Defendants:

None None ELSIE T. CERISIER RUSSELL W. WALKER IN PRO PER (CARLOS and LEO ETSCHEIT)

BROWN, Associate Justice