State Ex Rel. State Highway Department v. 62.96247 Acres of Land

Lynch, Judge.

At the trial of the separate issue in these consolidated, cases under Rules 16 and 42(b), Rules of the Superior Court, concerning the applicability of the so-called “Miller Rule”, handed down in United States v. Miller, 317 U.S. 369, 63 S.Ct. 276, 87 L.Ed. 336 (1943) in land condemnation cases, defendant landowners called as a witness an expert land appraiser, a registered M.A.I. 1 , associated with a Wilmington real estate office. The State stipulated as to his qualifications. The witness testified that he was familiar with the general real estate market in the area surrounding…