State v. Lovett

This is an action brought by appellees against appellant to recover damages for an alleged “taking” under the inverse condemnation statute, i.e., Burns’ Ind. Stat. Ann § 3-1711 (the same being Acts 1905, ch. 58, § 11) of the eminent domain law.

The issues were formed when appellant filed objections to plaintiffs’ complaint on inverse condemnation and appointment of appraisers (and thereafter appellees presented their evidence at the trial). The main issue was whether there was a “taking” under the eminent domain law in excess of that which was compensated for by a duly executed right of way…