property is the land plus the improvements right so is there any case that you're aware of that specifically a lot of permits or doesn't preclude using  numerator and there are no structures taken in the property in question they are not getting compensated more than what you are being damaged if in fact you are getting originally as if it was vacant she she wanted other vacant way and sales in the area totally ignore those accrued residential sales and came up with a value a unit out to a vacant land in the area which i think is twelve dollars and fifty cents and makes no sense because that house is worth more than fifty five thousand dollars right that's right so much so that they're just coming up with that number by looking at reason different cases have different properties different portions on each property there were different amounts to include the value of the structures in the numerator is not necessarily the same thing as to say that there's a difference between a thousand square feet of vacant property as opposed to a thousand square feet that has a house i think that's right ok because if the prakriti has a house on it it may be more valuable because people can live on their property as opposed to having to either put a tent up practice to use it on the real studiousness in the real estate especially residential property the property in question is assessed both on the improvements in other absolutely correct and even if you said something in the last question with the differences and when you search the differences you meant there was a difference between the way eminent domain  there is not the same thing as saying what you can just told me which is you have to value it as a whole what you have to do is you have to value that increment taken with who are in consideration of the fact that it is a part of an improved parcel and then you also have to add here in the damage to the remainder and when you take that total song that is when you supposedly have to value the whole because it is let's put it another way experts could come up with two different valuations an attempt to rationalize it well they could but there are certain rules and all we're saying is generally the expert opinion should be presented to the jury tha about taking this whole thing in the manner in which one did so you're claiming that it's now off question laws of as to whether or not the trial court used its discretion well the question of the law is whether as a matter of and that they have it in their brief they said that's true she didn't give any consider consultant to contributory value and the only question is a legal question does that mandate barring her appraisal on her cases what do you think or  you all three of those cases are essentially exceptions to the general rule the general rule according to the kelly special concurrence is that you are you in uniform you go to the property and they say in those three cases because of the special effects not sure judge what the several cases i mean it sure didn't seem tire tracks and improvements but they weren't taking any improvements they were only taking on this case this problem this land is vacant but it has been main was for road purposes that were taken through farm property which meant it was taken through an acreage of farm property will put but it wasn't vacant land like here and also with the third trial which is about the damage of the remainder it's the same thing it's subjective and that would also be for the jury to dispute here is that both sides claim that the appraiser for the other side raphael basically did was he reached for the entire property including the house in the garage which is a form in some five thousand dollars he divided that by the total number of square feet of the property which included both the  to see what the going price was ok how can you take residential to see the vacant i don't i don't know how you can do them because it's not faking it is part of the zone piece of property that was strategy or or it was just overload but there are cases that say all the cases that talk about it say that in that particular case it's wrong to use it they say that not every part of the property is worth the same if you look wind he said that the the value of the property taken is supposed to be valued in conjunction with the entire country which you have not  mexico did she only value the improvements on the parcel so tell me why she's doing this correctly if supposedly to you first you agree with springfield and it's easier that way it had three different uses right it could have used does that does the house on this property create a similar line of delineation another contribution or payment based upon the damage to the remainder by determining that the property taken will damage the value of the the overall property but not the same extent as the part i mean when you buy a house like you pointed out you rather have a house with a small yard in a big yard and no house service for us because you're buying it to live it in and to use so so ultimately should decide to do so if we do what you're asking us to do that also means that we have to give the state an opportunity to get another creates a right well no less that's an issue of discovery cutoffs i think that's that's the third