State Ex Rel. Humphrey v. Strom

I join Justice Simonett’s dissent as to the first certified question, whether, in a partial taking condemnation action, evidence of construction related interferences are admissible, not as a separate item of damages, but as a factor to be considered by the finder of fact in determining the diminution in market value of the remaining property.

However, I would also answer no to the second certified question, whether, in a partial taking condemnation action, the evidence of loss of visibility to the public traveling on a redesigned highway is admissible, not as a separate item of damages, but…