Commissioner of Highways v. Karverly, Inc.

OPINION BY JUSTICE D. ARTHUR KELSEY

In this eminent domain case, the Commissioner of Highways initiated a condemnation proceeding to acquire a narrow strip of commercial property to create a multi-use trail. At a trial to determine just compensation, the trial court allowed the expert witness for the landowner, Karverly, Inc., to testify that the take caused $193,270 in damages to the remainder. The court, however, disallowed the Commissioner's expert witness from testifying that the take caused $0 in damages to the remainder.

A five-member jury returned a split verdict: Three voted to award…