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MCCANDLESS V. UNITED STATES, 298 U. S. 342 (1936)

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U.S. Supreme Court

McCandless v. United States, 298 U.S. 342 (1936)

McCandless v. United States

No. 552

Argued March 30, 1936

Decided May 18, 1936

298 U.S. 342

Syllabus

1. In condemnation cases, the most profitable use to which the land can probably be put in the reasonably near future may be shown and considered as bearing upon the market value, and the fact that such use can be made only in connection with other lands does not necessarily exclude it from consideration if the possibility of such connection is reasonably sufficient to affect market value. P. 298 U. S. 345.

2. An offer of proof cannot be denied as remote or speculative because it does not cover every fact necessary to prove the issue. It if be an appropriate link in the chain of proof, that is enough. P. 298 U. S. 346.

3. In a suit to condemn land which would be adapted to the successful growth of sugar cane if provided with sufficient water for irrigation, held:

(1) Erroneous to reject, upon the ground of immateriality, an offer to prove that a supply of water was available on other, distant land, and might be brought to the land sought to be condemned at an expense consistent with its profitable use. P. 298 U. S. 345.

(2) The error was prejudicial notwithstanding that the offer was not supplemented by a further offer to prove the cost of developing and delivering a sufficient supply, and what would be the value of the land when so reclaimed. P. 298 U. S. 347.

4. Section 269, Jud.Code, requiring that judgment on review shall be given after an examination of the entire record "without regard to technical errors, defects, or exceptions which do not affect the substantial rights of the parties," does not change the well settled rule that an erroneous ruling which relates to the substantial rights of a party is ground for reversal unless it affirmatively appears from the whole record that it was not prejudicial. P. 298 U. S. 347.

74 F.2d 596 reversed.

Certiorari, 296 U. S. 570, to review the affirmance of a judgment condemning land in Hawaii for the United States and fixing the compensation at a sum not satisfactory to the landowners, who on that account appealed. chanroblesvirtualawlibrary

Page 298 U. S. 343





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