What is the test for assessing the elements of damage in a property purchase application?
California, United States of America
The following excerpt is from Sacramento and San Joaquin Drainage Dist. by and through Reclamation Board v. Reed, 215 Cal.App.2d 60, 29 Cal.Rptr. 847 (Cal. App. 1963):
People v. O'Connor, 31 Cal.App.2d 157, 159, 87 P.2d 702, 703, states as sound a criterion as any. In sustaining valuation testimony assailed as conjectural and speculative, the court described the elements of damage in the following terms: 'These elements of damages mentioned by the witnesses are [215 Cal.App.2d 70] not claimed by respondents as special damages, but are merely the reasons given by the experts for their opinions that the market value of the portion of the tract not taken would be diminished by reason of the taking of the 1/10-acre strip in front. They are not conjectural but actual admitted facts. * * *'
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