Motions in Limine May be Used in Eminent Domain Proceedings to Determine Party’s Interest in Property
“”Motions in limine” are motions made shortly before trial, and they’re typically filed in an attempt to limit the introduction of evidence to the jury. They are a powerful tool in eminent domain proceedings, and can be used to limit an appraiser’s comparable sales, valuation methodology, or even the expert’s entire testimony. In a recent unpublished California Court of Appeal decision, Verizon of California v. Carrick (2014 Cal. App. Unpub. LEXIS 5030), the Court even approved of the use of an in limine motion to determine whether a party had a compensable interest in the property being condemned. “
Kuhn, Brad. JD Supra Business Advisor 23 July 2014.