Abstract

Since there is no way to ascertain scientifically the value of a particular parcel of condemned land, fair market value is entirely a matter of opinion. Accordingly, the principal means of demonstrating the value of condemned realty is by expert opinion evidence. An integral part of the work of such expert testifying as to value is to obtain all possible information which will aid him in arriving at an opinion. Consequently, the expert generally bases his opinion to a large degree upon what he learned through inquiry and investigation. In a strict sense, all expert testimony is based upon source material that is technically hearsay. The information uncovered by the expert and upon which he bases his opinion is deemed hearsay because the records and documents read by the. expert are not produced, nor are the persons who had participated in similar sales called as witnesses.

Since there is really no way by which an expert is able to form an opinion other than by reliance upon hearsay, an evidentiary problem arises in all condemnation cases. Three questions should be considered:

1. May an expert witness testifying as to value base his opinion upon hearsay evidence?
2. May an expert witness explain the basis of his opinion by a detailed recitation of such hearsay?
3. To what extent is such hearsay admissable evidence, i.e., is it admissible solely to explain the state of mind of the expert witness or is it admissible substantively to prove the facts recited?

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