State Ex Rel. Department of Highways v. Linnecke

OPINION

By the Court,

Zenoff, J.:

This is an action in eminent domain. The state was taking .726 of an acre of property abutting Highway 40 owned by Harry and Lillian Linnecke, husband and wife. Highway 40 was to be made into a controlled-access highway which would become Interstate 80, part of the federal highway system.

Before the taking, the Linneckes had direct access from their land onto Highway 40, but after the taking their access from the land was by a frontage road which required them to travel one and one half miles farther in order to reach their land from the highway or to get to the…