Blobaum v. STATE, DEPARTMENT OF ROADS

The State took by eminent domain for highway purposes a small part of plaintiffs’ ranch. The district court granted a new trial on the ground that the jury assessment of the amount recoverable was too small, and from this order the State has appealed.

The State acquired a fee simple title, excepting mineral rights, to 54.36 acres in the form of an irregular strip longer than a mile east-west; a permanent easement in 1.06 acres; and a temporary easement in 0.28 acre. The parties stipulated that for the purposes of' trial the easements were to be considered a part of the taking instead of…