LOUIS TRAD, JR. AND BETTY N. TRAD, HIS WIFE, APPELLANTS,
v.
CITY OF JACKSONVILLE, A MUNICIPAL CORPORATION, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
In a condemnation proceeding, the City of Jacksonville offered expert testimony valuing the Trads' property at $5,400, but the trial court excluded evidence that the City itself had assessed the same property at $11,000 for tax purposes. The appellate court held that such tax assessment evidence is admissible as an admission against interest when the condemning authority and taxing authority are the same entity, and reversed for a new trial.
Evidence of tax assessment is admissible as an admission against interest when the condemning authority is the same legal entity that assessed the property for taxation, particularly when the condemning authority's expert witness testifies to a fair market value substantially lower than the amount the authority assessed for taxes. Exclusion of such evidence is reversible error.
[1] Evidence of a condemning authority's own tax assessment of property is admissible as an admission against interest in a condemnation proceeding when the condemning author…
[2] Excluding evidence of a condemning authority's prior tax assessment, when offered as an admission against interest, constitutes reversible error requiring a new trial.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“where, as here, the condemning authority is the same legal entity which assesses the subject property for the purposes of taxation, and when the condemning authority relies on the testimony of its expert witness who testifies that the fair market value is only about one half of the amount for which the condemning authority assessed the same property for taxes for the current year, the assessment figures should be available to the jury, at least as an admission against interest of the condemning authority.”
States the core holding that tax assessment evidence is admissible as an admission against interest when the condemning and taxing authorities are identical.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe City of Jacksonville condemned property owned by Louis and Betty Trad. The City presented expert testimony from a former tax assessor employee val…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Tax Assessment Valuation cases and more on FLexlaw
The appellants seek reversal of a final judgment in condemnation in which they were awarded $5,400.00 for property condemned by appellee.
The only issue involved in this appeal is whether, under the particular facts of this case, the trial court erred in refusing to permit evidence of the tax assessment of appellants’ property. We find that there was prejudicial error and that appellants are entitled to a new trial.
During the jury trial, the appellee City called Mr. Stewart Steeg, a former employee of the tax assessor for the appellee City, as an expert witness. Mr. Steeg testified that, in his opinion, the value of the appellants’ property was $5,400.00. On cross-examination, appellants sought to elicit testimony from Mr. Steeg to the effect that the appellee, being the condemning authority, had appraised the subject property for tax purposes and has assessed it for a sum greatly in excess of the valuation testified to by Mr. Steeg. The City objected to such cross-examination upon the ground that said evidence was immaterial in that tax assessments are not admissible in condemnation proceedings. The appellants agreed with that statement of the law, but contended thav the evidence sought to be elicited was entitled to be considered by the jury as an admission against interest. The trial court sustained the City’s objection and held that such evidence did not constitute an admission against interest. Appellants proffered into evidence a tax receipt and a real estate valuation notice revealing that the subject property had been assessed and valued at $11,000.00 for the calendar years 1971 and 1972. The proffered exhibits were rejected by the court.
While Florida courts have never passed squarely on the issue here involved, other jurisdictions have held that evidence of assessment valuation is admissible as a declaration against interest or as one of the factors to be considered in connection with market value where the condemning au*386thority and the taxing unit are one and the same entity. City of Detroit v. Cristy, 316 Mich. 215, 25 N.W.2d 174 (1946); Louisiana Highway Comm’n v. Giaccone, 19 La.App. 446, 140 So. 286 (1932); In re Boston-Secor Houses, 25 N.Y.2d 430, 306 N.Y.S.2d 918, 255 N.E.2d 156 (1969). We think that to be a sound rule of law. Here, the consolidated City of Jacksonville is the same legal entity which made the valuation for tax assessment and which is now exercising its power of eminent domain over the same property. Evidence of the tax assessment was offered not as conclusive evidence of the fair market value of the land involved, but as an admission against interest of the condemning authority. For this reason, the cases cited by ap-pellee are inapplicable herein. Said cases involved situations where the assessing authority was a separate and distinct entity from the condemning authority; or where evidence of prior tax assessments were offered as conclusive evidence of the market value of the land; or where said evidence was offered by the condemnor itself.
In conclusion, it is our holding that where, as here, the condemning authority is the same legal entity which assesses the subject property for the purposes of taxation, and when the condemning authority relies on the testimony of its expert witness who testifies that the fair market value is only about one .half of the amount for which the condemning authority assessed the same property for taxes for the current year, the assessment figures should be available to the jury, at least as an admission against interest of the condemning authority. To exclude such assessments is reversible error requiring a new trial.
Appellants have petitioned this Court for attorneys’ fees for services rendered in connection with this appeal. Inasmuch as this cause is to be remanded for a new trial, we defer ruling on said petition so that the trial judge, after the new trial, may fix attorneys’ fees, taking into consideration the services rendered by the appellants’ attorneys in this appeal.
For the reasons stated above, the judgment appealed herein is reversed and the cause is remanded for a new trial.
SPECTOR, C. J., and RAWLS, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
A.M. Hochstadt v. Sanctuary Homeowner's Ass'n, Inc., 761 So. 2d 1163 (Fla. 4th DCA 2000)…e of inadmissibility. If the governmental agency taking property is the same agency which assesses the property for tax purposes, the tax assessment is admissible against the government as an admission against interest. Trad v. City of Jacksonville, 279 So. 2d 384 (Fla. 1st DCA 1973).…
-
Kirkpatrick v. City OF Jacksonville, 352 So. 2d 545 (Fla. 1st DCA 1977)…pertaining to the lower court's alleged error by refusing to allow them to introduce into evidence the assessed value of their property for tax purposes to rebut the City’s expert testimony as to its value, relying upon Trad v. City of Jacksonville, 279 So. 2d 384 (Fla. 1st DCA 1973), which held tax assessments are admissible into evidence as admissions against interest of the condemning authority. We do not consider the point well taken. Trad dealt with a total taking so that the property assessment was rele…