State v. Wood

Appellee contends, and the trial court adopted his theory, that this proceeding begun by him was filed pursuant to § 3-1711, Burns’ 1933, § 14071, Baldwin’s 1934, for assessment of damages for a taking by the State for highway purposes of his interest in real estate. Appellant has another theory which it is not necessary here to note.

The parties agree that the appeal is from an interlocutory order appointing appraisers and governed by § 3-1705, Burns’ 1933, § 14065, Baldwin’s 1934. Both sections are a part of the Eminent Domain Act of 1905. As pointed out in Hallett v. Calvert (1934), 207…