Is it reversible error to exclude testimony by a witness who is not even an appraiser?

California, United States of America


The following excerpt is from State of Cal. ex rel. State Pub. Wks. Bd. v. Stevenson, 5 Cal.App.3d 60, 84 Cal.Rptr. 742 (Cal. App. 1970):

1 In this connection it is interesting to note that the majority of this court in State of California v. Wherity (1969) 275 A.C.A. 279, 79 Cal.Rptr. 591 (hear. den.) held it to be Reversible error to exclude testimony by a witness who was not even an appraiser and who was being questioned On direct examination, all of whose testimony would have comprised expressions of opinions leading to an opinion as to market value of the whole, such as: 'the dynamics of land utilization,' '(a)nalysis of the impact * * * of the * * * proposed redevelopment' '(p)roject(ion) of the likely future growth' etc. (Id. pp. 282--283, fn. 5, 79 Cal.Rptr. p. 593. All of these factors, quite as much as bare land value, combine to enable an appraiser to formulate an opinion of value; they are not in and of themselves an opinion of value.

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