State ex rel. State Highway Commission of Missouri v. Zehm Enterprises, Inc.

MAUS, Judge.

By this action the Missouri Highway and Transportation Commission (Commission) appropriated the right-of-way for a limited access highway across the northern part of a platted subdivision. At the time of the appropriation, all but 2 of the 71 platted lots were yet owned by the developer, Zehm Enterprises, Inc. (Zehm). The subdivision was located near the northern perimeter of the city of Poplar Bluff. The Commission appeals from an award of $254,000 to Zehm.

A sketch of the facts is sufficient background for an understanding of the Commission’s points on appeal. In the latter part…