State Road Department v. Stack

JOHNSON, Chief Judge.

This matter is before us ■ on a certified question from the Circuit Court, First Judicial Circuit, Honorable William Frye, III, Judge.

The question submitted is as follows:

Where property taken for a roadway dirt borrow pit had as its highest and best use prior to the taking that of rural home sites, may evidence be admitted as to value of the property on a per cubic yard basis for dirt borrow where the value as dirt borrow has been created by the taking?

It appears from the statement of facts that there are two borrow pits involved, comprising 38.S acres in one and 25 acres…