Schmailzl v. STATE, DEPARTMENT OF BOADS

The condemnee in this case was permitted to testify, over objection, to the purchase price of the property more than 11 years prior to the commencement of the condemnation proceeding. The majority opinion holds that “we cannot say that this was an abuse of discretion.” I dissent from this holding.

In a case where the measure of recovery is the market value of the property taken, the price paid for the property is wholly immaterial. It has no relation whatever to the market price of the property on the date of the *625taking. Can it be said that the purchase price is material where it was purchased…