31. Intent
1. Valuation/Intent: The owners are not required to
offer evidence of their intention to subdivide for single family residence use.
Andrews v. Kingsbury Gen. Improvement, 84
Nev. 88, 90, 436 P.2d 813 (1968) (#41)
2. Valuation/Intent: "(O)ne may not be deprived of
his property without just compensation merely because he has chosen to let it
lie dormant or perhaps was unaware of the value or the existence of the minerals."
Milchem Inc. v. District Court, 84 Nev. 541, 548,
445 P.2d 148 (1968) (#43)
3. Valuation/Intent: "It has been held that, when
there is no evidence in the record that the land in question is suitable or
naturally adapted for use, or uses, other than that to which it was applied
at the time of the taking, an owner may not present evidence that he intended
to put property to some specific use which would have produced a certain amount
of income and that as a result of the condemnation, he has been damaged in the
amount of the prospective income he allegedly has been deprived; and, under
such circumstances, that a jury may not consider, as a basis for awarding damages,
the fact that the owner has been prohibited from putting his property to some
intended use by reason of its condemnation. See, e.g., Tibbles, 123 N.E.2d
170 (Ind. 1954)." State ex rel. Dep't
Hwys. v. Nev. Aggregates, 92 Nev. 370, 551 P.2d 1095 (1976) (#53)
Quite understandably, in the absence of such evidence, such
damages are considered too speculative to provide a reasonable guide for the
ascertainment of present fair market value. Empire Dist. Electric Co. v.
Johnston, 268 S.W.2d 78 (Mo.App. 1954) Cf. Tacchino
v. State ex rel. Dep't of Hwys., 89 Nev. 150, 508 P.2d 1212 (1975)."
Id. at 372-373 (#53)
4. Valuation/Intent: "Prior to the commencement of
these proceedings, Nevada Aggregates implemented this plan and by August of
1972 (when the complaint was filed) the company was fully engaged in the task
of extracting the minerals from the first designated area." Id. at 373
(#53)
"There is a significant distinction between the cases referred
to by appellant which condemn the practice of considering damages resulting
from frustration of intended use and the instant case. ...we are not here concerned
with a plan or intended use which had not yet been developed to fruition. Here,
the plan was in effect at the time of the condemnation and income was being
realized as a result of it...". (#53)
The plan was not a fantasy of the landowner which had not
been reduced to tangible returns but was a reality. There was no need to speculate
as to the amount of income the plan would produce. Under such circumstances,
the rationale behind the rule prohibiting consideration of intended use obviously
does not apply." Id. at 374. cf. United States ex rel. Tennessee Valley
Authority v. Powelson, 138 F.2d 343 (4th Cir. 1943); State v. Goodwyn,
133 So.2d 375 (Ala. 1961); In Re Ford, 263 N.Y.S.2d 831 (Sup.Ct.App.Div.
1965) (#53)
5. Valuation/Intent (Dissent): "Evidence of what the
owner might plan to do with his property is not to be considered by the jury
as enhancing its market value." Tacchino
v. State ex rel. Dep't Hwys., 89 Nev. 150, 508 P.2d 1212 (1973) (#50)