Duke Power Co. v. Mom 'N' Pops Ham House, Inc.

HILL, Judge.

Three questions are presented for review by this Court as follows:

1. Did the trial court’s rulings on the petitioner’s motion in limine and the respondents’ offer of evidence allow the jury improperly to consider possible specific further uses of the respondents’ property in reaching its verdict?

In condemnation proceedings, the determinative question is: In its condition on the day of taking, what was the value of the land for the highest and best use to which it would be put by owners possessed of prudence, wisdom and adequate means? The owner’s actual plans or hopes for the…