Department of Transportation v. Ballard

Johnson, Judge.

Jeanette and Jerry Ballard own land adjacent to a by-pass constructed by the Department of Transportation. The Ballards filed an inverse condemnation complaint against the DOT alleging that the value of their property was diminished by flooding caused by the DOT construction. The jury returned a $30,000 verdict in favor of the Ballards. The DOT appeals from the judgment entered on the verdict.

1. The DOT contends that the trial court erred in denying its motion to strike opinion testimony of an expert witness as to the value of the Ballards’ property before the by-pass…