State v. Boyd

MERRILL, Justice.

Appeal from a final judgment in favor of appellees for $36,000 in a condemnation proceeding of land for a limited or controlled access highway. The award in probate court was $32,500 and the State of Alabama appealed to the circuit court.

It was stipulated at the trial in circuit court that “the only issue before this Court is the amount that the Boyds are to receive for said tract.”

The two expert witnesses for the State set the damages at $23,100 and $24,000-Appellees’ two expert witnesses estimated the damages to be $36,000 and $40,530. Every witness examined as to damages,…