§1103. Trial in court on appeal.  


Latest version.
  • At the trial in court on appeal:

    (1) Either party may, as a matter of right, have the jury or the judge in a trial without a jury view the property involved, notwithstanding that structures have been demolished or the site altered, and the view shall be evidentiary. If the trial is with a jury, the trial judge shall accompany the jury on the view.

    (2) If any valuation expert who has not previously testified before the viewers is to testify, the party calling the expert must disclose the expert's name and serve a statement of the valuation of the property before and after the condemnation and the expert's opinion of the highest and best use of the property before the condemnation and of any part remaining after the condemnation on the opposing party at least ten days before the commencement of the trial.

    (3) The report of the viewers and the amount of their award shall not be admissible as evidence.

Notation

Cross References.  Section 1103 is referred to in section 1104 of this title.