Maxim 5.2.24
The situation and productiveness of the soil constitutes the value of the land.
Source: West River Bridge v. Dix, 6 Howard (47 U.S.) 507, 537; Weisman, 70m
Difficulty 3/5 — Intermediate
Explanation
(English-origin maxim.) In assessing the value of land for any legal purpose — condemnation, taxation, or damages — the court must consider both the quality of the soil and its productive capacity.
Where this applies
- A court determining just compensation for a condemned farm considers both its prime location near a highway and the richness of its soil.
- A tax assessor values agricultural land based on what it can actually produce, not just its acreage.
- An appraiser for an eminent domain case factors in both the land's proximity to a river and its ability to grow high-value crops.
Legal domains
Cite this maxim
NeCede Max. 5.2.24 — The situation and productiveness of the soil constitutes the value of the land. — West River Bridge v. Dix, 6 Howard (47 U.S.) 507, 537; Weisman, 70m
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