In Re Appropriation

This is an appeal by the state from a judgment of the Common Pleas Court in an appropriation proceeding. The property to be appropriated is stated in the resolution of the highway director as "`an easement of property rights, being the impairment of ingress and egress, caused by the construction and improvement * * *.'" The value set and deposited by the director was $1. The judgment was for $59,576 plus interest at 6 per cent from June 5, 1959 (time of taking), to date of payment.

The state contends (1) that there was no "taking," (2) if there was a taking, the value is only nominal and the…