reasonable or fair test (California) · Go Syfert
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reasonable or fair test in California

6 California opinions name it 2 courts 1893–2012 0 in the last five years

The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

CaseFollowedCited
Ventura County Flood Control District v. Campbellgreen
calctapp · 1999 · cited in 2 California opinions naming this issue, 2002–2012
2 sentences

2012Code, § 822, subd. (a)(1).) “ ‘[Tjhe price paid under the circumstances of such a sale is not a reasonable or fair test of market value.’ ” (Ventura County Flood Control Dist. v. Campbell (1999) 71 Cal.App.4th 211, 222 [ 83 Cal.Rptr.2d 725 ].) A third excluded category is “[t]he price at which an offer or option to purchase or lease the property or property interest being valued or any other property was made, or the price at which the property or interest was optioned, offered, or listed for sale or lease . . . .” (Evid.

2012Code, § 822, subd. (a)(1).) “ ‘[Tjhe price paid under the circumstances of such a sale is not a reasonable or fair test of market value.’ ” (Ventura County Flood Control Dist. v. Campbell (1999) 71 Cal.App.4th 211, 222 [ 83 Cal.Rptr.2d 725 ].) A third excluded category is “[t]he price at which an offer or option to purchase or lease the property or property interest being valued or any other property was made, or the price at which the property or interest was optioned, offered, or listed for sale or lease . . . .” (Evid.

22
County of Los Angeles v. American Savings & Loan Ass'ngreen
calctapp · 1972 · cited in 2 California opinions naming this issue, 1976–2002
2 sentences

2002The only support offered for such a view is a dictum *1096 in County of Los Angeles v. American Sav. & Loan Assn. (1972) 26 Cal.App.3d 7, 13 [ 102 Cal.Rptr. 439 ], that the purpose of section 822(a)(1) is “to preclude use of the price or other terms that may have been acceded to by the transferor only because of the threat of condemnation.” This statement cannot justify a departure from the language of the statute, which on its face embodies the former court-made rule that “it is not competent for either party in a condemnation proceeding to put in evidence the amount paid by a condemning part

2002The only support offered for such a view is a dictum *1096 in County of Los Angeles v. American Sav. & Loan Assn. (1972) 26 Cal.App.3d 7, 13 [ 102 Cal.Rptr. 439 ], that the purpose of section 822(a)(1) is “to preclude use of the price or other terms that may have been acceded to by the transferor only because of the threat of condemnation.” This statement cannot justify a departure from the language of the statute, which on its face embodies the former court-made rule that “it is not competent for either party in a condemnation proceeding to put in evidence the amount paid by a condemning part

22
City of Los Angeles v. Colered
cal · 1946 · cited in 2 California opinions naming this issue, 1976–2002
2 sentences

2002The only support offered for such a view is a dictum *1096 in County of Los Angeles v. American Sav. & Loan Assn. (1972) 26 Cal.App.3d 7, 13 [ 102 Cal.Rptr. 439 ], that the purpose of section 822(a)(1) is “to preclude use of the price or other terms that may have been acceded to by the transferor only because of the threat of condemnation.” This statement cannot justify a departure from the language of the statute, which on its face embodies the former court-made rule that “it is not competent for either party in a condemnation proceeding to put in evidence the amount paid by a condemning part

2002The only support offered for such a view is a dictum *1096 in County of Los Angeles v. American Sav. & Loan Assn. (1972) 26 Cal.App.3d 7, 13 [ 102 Cal.Rptr. 439 ], that the purpose of section 822(a)(1) is “to preclude use of the price or other terms that may have been acceded to by the transferor only because of the threat of condemnation.” This statement cannot justify a departure from the language of the statute, which on its face embodies the former court-made rule that “it is not competent for either party in a condemnation proceeding to put in evidence the amount paid by a condemning part

12
County of Los Angeles v. Fausgreen
cal · 1957 · cited in 1 California opinions naming this issue, 2002–2002
2 sentences

2002The only support offered for such a view is a dictum *1096 in County of Los Angeles v. American Sav. & Loan Assn. (1972) 26 Cal.App.3d 7, 13 [ 102 Cal.Rptr. 439 ], that the purpose of section 822(a)(1) is “to preclude use of the price or other terms that may have been acceded to by the transferor only because of the threat of condemnation.” This statement cannot justify a departure from the language of the statute, which on its face embodies the former court-made rule that “it is not competent for either party in a condemnation proceeding to put in evidence the amount paid by a condemning part

2002The only support offered for such a view is a dictum *1096 in County of Los Angeles v. American Sav. & Loan Assn. (1972) 26 Cal.App.3d 7, 13 [ 102 Cal.Rptr. 439 ], that the purpose of section 822(a)(1) is “to preclude use of the price or other terms that may have been acceded to by the transferor only because of the threat of condemnation.” This statement cannot justify a departure from the language of the statute, which on its face embodies the former court-made rule that “it is not competent for either party in a condemnation proceeding to put in evidence the amount paid by a condemning part

11
South Bay Irrigation District v. California-American Water Co.green
calctapp · 1976 · cited in 1 California opinions naming this issue, 1999–1999
2 sentences

1999Dist. v. Califomia-American Water Co. (1976) 61 Cal.App.3d 944, 983 [ 133 Cal.Rptr. 166 ] explains, Evidence Code section 822 only precludes evidence of the price paid by condemnors for acquisitions of other land for public use because “the price paid under the circumstances of such a sale is not a reasonable or fair test of market value.” We reject District’s contention that the open bids to remove the aggregate were inadmissible per se as reflecting enhanced value simply because removal occurred to create the flood control project.

1999Dist. v. Califomia-American Water Co. (1976) 61 Cal.App.3d 944, 983 [ 133 Cal.Rptr. 166 ] explains, Evidence Code section 822 only precludes evidence of the price paid by condemnors for acquisitions of other land for public use because “the price paid under the circumstances of such a sale is not a reasonable or fair test of market value.” We reject District’s contention that the open bids to remove the aggregate were inadmissible per se as reflecting enhanced value simply because removal occurred to create the flood control project.

11
City of San Luis Obispo v. Brizzolaragreen
cal · 1893 · cited in 1 California opinions naming this issue, 1946–1946
2 sentences

1946As claimed by respondent, these instructions are in part a paraphrase and in part a precise reproduction of a quotation from Mr. Lewis in his treatise on Eminent Domain (1st ed., § 447; 3d ed., § 667) as discussed with approval in the early case of City of San Luis Obispo v. Brizzolara, 100 Cal. 434, 436 [ 34 P. 1083 ], From such authority the rule appears to be settled in this state that it is not competent for either party in a condemnation proceeding to put in evidence the amount paid by a condemning party to the owners of adjacent lands, however similar they may be to that in controversy,

1946As claimed by respondent, these instructions are in part a paraphrase and in part a precise reproduction of a quotation from Mr. Lewis in his treatise on Eminent Domain (1st ed., § 447; 3d ed., § 667) as discussed with approval in the early case of City of San Luis Obispo v. Brizzolara, 100 Cal. 434, 436 [ 34 P. 1083 ], From such authority the rule appears to be settled in this state that it is not competent for either party in a condemnation proceeding to put in evidence the amount paid by a condemning party to the owners of adjacent lands, however similar they may be to that in controversy,

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in California. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
Cobb v. City of Boston green
mass · 1873
1 sentence

1893As was said by the supreme court of Massachusetts in Cobb v. City of Boston, 112 Mass. 181 : "The price so fixed by compromise, when there can be no other purchaser, and the seller has no option to refuse to sell, and can only elect between the acceptance of the price offered and the delay, uncertainty, and trouble of legal proceedings for an assessment, is not a reasonable or fair test of market value.

11893–1893

Where else courts name it

CA 6 (1893–2012) MA 4 (1891–1982)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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