State Highway Department v. Futch

Eberhardt, Presiding Judge.

The Highway Department sought by a declaration of taking procedure in eminent domain to acquire 12.4 acres of farm land belonging to Edwin H. Futch, which were to be used in the construction of a limited access highway. The taking of this land had the effect of cutting the Futch farm into two remaining parts, one on the north side of 36 acres and one on the south side of 152 acres, though neither of them was landlocked. There was an appeal to a jury on the issues of value and damages, and after verdict and judgment the condemnor appeals, enumerating error on (a) a…