Department of Public Works & Buildings v. Association of Franciscan Fathers

This is an eminent domain case in which the jury’s determination of the just compensation to be paid the owner for land taken for a highway interchange turns in large part upon one particular instruction. Although the owner’s appraisal witnesses were permitted to take into consideration the reasonable “probability” that the land would be rezoned from its then interim “institutional” classification, the court refused to give a tendered instruction approving this and, instead, gave an instruction which required that, in order to be considered, the rezoning be anticipated with reasonable…