State Ex Rel. State Highway Commission v. Sheets

BRADY, Chief Judge.

Plaintiff initiated this action to condemn .72 acres of land belonging to defendant Harold Turnbull, for highway construction. Plaintiff filed exceptions to commissioner’s award of $22,050.00. The ensuing jury trial resulted in a verdict for defendant of $12,000.00. Defendant was granted a new trial and plaintiff appeals.

Defendant’s property consisted of approximately 1.4 acres and contained a building leased to defendant Trojan Hatchery Company. Defendant Turnbull valued the damage resulting from the taking on August 10, 1970 at $40,000.00. Plaintiff’s witnesses assessed…