State v. Valley Development Company

This is an appeal from a decision of the Marion Superior Court wherein that court granted appellee’s motion for new trial.

Pursuant to I.C. 1971, 32-11-1-1 and 8-11-1-5, being Burns §§ 3-1701 and 36-3105, the appellant, State of Indiana, brought a condemnation action to appropriate a 16Y2 acre portion of a 77 acre tract of real estate owned by appellee for purpose of interstate highway construction. Court appointed appraisers reported total damages to appellee to be $165,480.00. Appellant and appellee both filed exceptions to the report of the appraisers. At the request of appellee this cause…