State v. Amunsis

Hill, J. —

This is an appeal by the property owner from a judgment based on a $52,000 verdict in a condemnation proceeding. The appellants state the issue succinctly:

“The sole question in this case is this: Under our peculiar *161constitutional provisions[1] is it or is it not error for the court in a condemnation case, to place the burden of proof of the amount of damage upon the appellant property owner, rather than upon the State, which was the condemning entity, by covering this subject matter exclusively through giving the following instruction . . . ”

“ ‘Instruction No. 4

“ ‘You are to return…