State Ex Rel. Moore v. Bastian

SHEPARD, Chief Justice.

This is an appeal taken by the State from that portion of a judgment in an eminent domain action awarding $333,000 plus interest to the landowners condemnees. On a previous appeal, the cause was reversed and remanded for a new trial. State ex rel. Moore v. Bastian, 97 Idaho 444, 546 P.2d 399 (1976). On remand the State reached a settlement with the lessee of the land in question. Upon retrial and this second appeal there is involved only the compensation due the fee owners, the Bastians, defendants below and respondents here. Upon remand, a new trial before a jury was…