Mandl V. City Of Phoenix

The land taken and the land not taken consists of three legal subdivisions of 40 acres each, three-quarters of a mile long. The condemned 40 is the easterly one. It is all desert in character, and higher than the cultivated areas in the neighborhood. It has no water rights, and is not susceptible to irrigation by gravity. All of the evidence was to the effect that its character, its location, setting and surroundings made it very desirable for high-class desert homes. The expert testimony of defendant placed the value at $1,000 to $1,500 per acre, if subdivided and platted into lots or estates and sold on partial payment plan with a reasonable down payment and the balance in deferred payments. These same witnesses placed the value of the two untaken 40's at $1,000 per acre, and estimated the damages thereto to be from thirty to fifty per cent. of their value. The testimony of plaintiff's experts placed the cash or market value of the 40 acres taken at from $50 to $400 and the damages to the rest as nothing.