State ex rel. State Highway Commission v. Harper

DIXON, Presiding Judge.

This is an appeal by condemnees from a jury trial on the issue of damages in a condemnation proceeding. Landowner appeals the jury verdict of no damages. The judgment must be affirmed. None of the issues raised on the appeal have been properly preserved.

In 1969 the State took 7.35 acres of a 52-acre tract in Cass County for a drainage ditch and outer-roadway connection with U. S. Highway 71. This tract is bordered on the east by Highway 71 and includes 6 acres which are subject to a long term lease with an oil company. The Commissioners assessed damages at $35,000, and…