State ex rel. State Highway Commission v. Dunard

SMITH, Judge.

Landowners appeal from a judgment of $15,000 in a condemnation suit. The sole point raised here is that the court erred in allowing the State Highway Commission to amend its petition to show an additional access entrance from a side road to the remaining tract which side road was to be built in the future.

The property involved is an 86.8 acre tract located on Highway 61 (not a limited access road) in Lincoln County. The Commission sought to condemn 7.92 acres for right of way and 1.1 acres for a drainage easement for U.S. Route 61, a limited access highway. The original…