R.C.R., Inc., v. Deline
In R.C.R., Inc., v. Deline, 70 P.3d 214, 216 (Wyo. 2003), the parties filed a petition for review with the district court claiming the viewers improperly assessed damages.
Upon remand, "the district court ordered that the Board either:
have the viewers and appraisers resubmit a report explaining their determination of damages, upon which a subsequent due process hearing would be held, or;
hold an additional due process hearing on the existing report of the viewers and appraisers whereupon the viewers and appraisers could explain their determination of damages and be subject to cross-examination." Id., P6, 70 P.3d at 216.
The Board chose the later option. Id.
At the second hearing, the viewers and appraisers testified that they applied the "before-after" analysis in assessing damages. Id.
However, they felt that the property outside of the corridor would have been unaffected in dollar value before and after the road was established. Id.
Upon our review, we found that the viewers and appraisers' testimony regarding their methodology in calculating damages was acceptable. Id.
The Court held that "the viewers and appraisers did consider appellant's property as a whole, but their conclusion was no damage would be caused to that property with the exception of damages sustained by the actual land taken for placement of the private road." Id.
The Court concluded that the viewers and appraisers complied with the applicable law in making their assessment and that substantial evidence existed to support their conclusion. Id.