Rushart v. Department of Roads & Irrigation

The state of Nebraska, through its department of roads and irrigation, brought an action in the county court of Sarpy county June 11, 1941, to condemn certain real estate belonging to appellees, for the purpose of constructing a state highway running between Omaha, Nebraska, and Fort Crook.

The sole issue involved in the district court, to which an appeal was taken, was the value of the property. The Rushart, Muchowicz and Stastney properties were involved. The Rushart property consisted of 4.898 acres, and the appraisers fixed its value at $3,578.60. A jury in the district court fixed the…