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NeCede's

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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