Town of Thomaston v. Ives

This appeal presents the question whether, in eminent domain proceedings initiated by the state highway commissioner in which the amount assessed by the commissioner as damages is the only issue in dispute, the owner of the condemned property may compel a real estate appraiser employed by, but not offered as a witness by, the commissioner to testify concerning his opinion as to the value of the condemned property. A secondary issue is the admission into evidence of the witness’ appraisal report.

The question arose in this way. The state highway commissioner, hereinafter referred to as the…