State Highway Commissioner v. Hessell

The agreed statement of facts shows that the Michigan State highway department by condemnation proceedings, on October 17, 1961, acquired title in fee simple to 39.5 acres of land owned by "Walter and Irene Hessell. The condemned tract was part of a larger tract of approximately 260 acres owned by appellees, and was adjacent to an interstate highway right-of-way. The land was condemned for “borrow-earth” purposes for its mineral content of sand, gravel, and clay to be used in construction of the interstate highway.

The record established that the highway commission determined by extensive…