Board of County Commissioners v. Thormyer

The first question1 to be considered is whether compensation for the part of this land taken and damages to the residue thereof not taken can be based upon evidence as to its value for commercial uses notwithstanding that the commissioners held such land under what will be referred to as a restricted tenure, because title thereto was held under a deed preventing the commissioners from using the land except for a children’s home or from selling it.

Although in 1 Orgel on Valuation under Eminent Domain (2 Ed.), 187, Section 41 it is said that “no precise or uniform rule of valuation of property…