State v. Garceau

This case presents the question whether the condemnor or the landowner is the party entitled to open and close an eminent domain trial held in the superior court to assess damages for a taking of property. RSA 498-A:27 (Supp. 1977). We hold that although the condemnor has the burden of proof and as a matter of course should be accorded the privilege to open and close, the assignment of this privilege is within the court’s sound discretion.

The defendants herein owned a parcel of land in Manchester. In October 1974, the State notified them that a portion of their land was to be taken for an…