§ 233.91. Trial of proceedings; evidence.

1.

Upon the trial, evidence of the price and other terms upon any sale, or of the rest reserved and other terms upon any lease, relating to any of the property taken or to be taken or to any other property in the vicinity thereof, shall be relevant, material and competent, upon the issue of value or damage and shall be admissible on direct examination if the court or referee shall find the following:

a.

That such sale or lease was made within a reasonable time prior to the vesting of title in the county.

b.

That it was freely made in good faith in ordinary course of business.

c.

In case such sale or lease relates to other than property taken, that it relates to property which is similar to the property taken or to be taken.

2.

No such evidence, however, shall be admissible as to any sale or lease, which shall not have been the subject of an examination before trial either at the instance of the county or of an owner, unless at least 20 days before the trial the attorney for the party proposing to offer such evidence shall have served a written notice in respect of such sale or lease, which notice shall specify the names and addresses of the parties to the sale or lease, the date of making the same, the location of the premises, the office, liber and page of the record of the same, if recorded, and the purchase price or rent reserved and other material terms, or unless, in the event that title has not vested in the county, such sale or lease shall have occurred within 20 days before the trial. Such notice by the County Attorney shall be served upon all owners of their attorneys who have appeared in the proceeding; or, if served on behalf of an owner, shall be served upon the County Attorney and upon all other owners or their attorneys who have appeared in the proceeding. The testimony of a witness as to his opinion or estimate of value or damage shall be incompetent, if it shall appear that such opinion or estimate is based upon a sale or lease of any of the property taken or to be taken or of any of the property in the vicinity thereof, which shall not have been the subject of an examination before trial, unless it shall have been specified in a notice served as aforesaid or shall have occurred within 20 days before the trial, where title has not vested in the county.

3.

Upon the trial, no map or plan of proposed streets, drains or sewers for the subdivision and improvement of any property, nor any drawing or other specification of excavation or filling or piling or of any proposed structure above or under ground deemed necessary or proper to provide a foundation for suitable or adequate improvement, or of any other structure or improvement not existing on the property on the date that title thereto may vest in the county, nor any oral or written estimate of cost or expense of constructing the streets, drains or sewers in conformity with such map or plan, nor any oral or written estimate of the cost of making such excavation of filling or piling or of constructing any such other proposed structure or improvement in conformity with such drawing or other specification thereof, nor any evidence of value of damage based upon any of the foregoing, shall be received in evidence, unless the party offering the same in evidence shall have served upon the adverse party, at least 30 days prior to the trial, a notice of intention to offer such evidence on the trial and of the particulars thereof, including a true copy of the map or plan or drawing and other specifications and estimate of cost or expense to be so offered in evidence; provided, however, that, when offered, such evidence shall be subject to objection upon any legal ground.

4.

Upon the trial, no evidence shall be admitted, as against an owner of real property being acquired, of an offer made by or on behalf of such owner for the sale of his property or any part thereof to the county, or for the sale or assignment of any right and title to the award or awards, or any part thereof, to be made for such property or any part thereof, in the proceeding; nor shall any evidence be received, as against the county, of any offer made to such owner, by or on its behalf, for the purchase of such property or any part thereof or for the purchase of the award or awards or any part thereof, to be made for such property, or any part thereof, in the proceeding.

(§ 109 of the Laws of 1948, Ch. 852)