The jury in a condemnation proceeding was not bound by strict rules of evidence or normal civil trial procedures. 9 6  Const 1850, art 18, § 2 stated: When private property is taken for the use or benefit of the public, the necessity for using such property, and the just compensation to be made therefor, except when to be made by the state, shall be ascertained by a jury of twelve freeholders, residing in the vicinity of such property, or by not less than three… [read post]