Korf v. Fleming’s Empirical Analysis

Citation profile

2 federal appellate · 36 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 40 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ ‘It is usually assumed that this market value is equal to the excess of the rental value over the rent reserved.’ “Where the whole property is taken and the leasehold is destroyed the measure of damage has been variously stated as the rental value over the rent reserved * * *. “The same rule applies in the condemnation of a right of way over leased premises and only a part of the leasehold is taken.” (Page 517) “ ‘It would seem that a lease might well be held to fall within the class of property not commonly bought and sold, and that consequently the intrinsic value, or the value to the owner, might be taken as the best and only available test of market value.’ ” (Page 519) “Defendants argue that estimated profits must not be considered. We have no quarrel with this rule. Here the estimated profits were not in the distant future but were almost in the present and based upon existing conditions and farm returns of the past two years.” “ ‘Income is an element of market value. “The value of property, .generally speaking, is determined by its productiveness — the profits which its use brings to the owner.” * * * “The net revenue arising from the use of land may be shown on an issue as to value, although it does not furnish a conclusive test.” ’ ” (Page 520)”

   2 later decisions quote this exact passage
   e.g. Comstock v. Iowa State Highway Commission · Fritz v. Iowa State Highway Commission

2. ““* * * Generally speaking, the true rule seems to be to permit the proof of all the varied elements of value; that is, all the facts which the owner would properly and naturally press upon the attention of a buyer to whom he is negotiating a sale and all other facts which would naturally influence a person of ordinary prudence desiring to purchase. [Citations] “In this estimation the owner is entitled to have the jury informed of all the capabilities of the property, as to the business or use, if any, to which it has been devoted, * *”

   2 later decisions quote this exact passage
   e.g. Kurth v. Iowa Department of Transportation · Hostert v. Iowa State Highway Commission

3. ““It is true that market value and intrinsic value are not necessary equivalents, but proof of the latter is often competent evidence for consideration in determining the former. * * * That is, these items are not to be considered as in themselves affording a basis or measure of recovery, but as explaining and supporting the estimates made of the value of the property as it stands.””

   1 later decision quote this exact passage
   e.g. Fritz v. Iowa State Highway Commission