State Ex Rel. Department of Highways v. Aker

SIMMS, Justice:

This appeal is taken by the landowner in a condemnation proceeding. The parties will hereinafter be referred to as they appeared in the trial court.

Plaintiff commenced an action to condemn for highway purposes the south twelve feet of defendant’s corner lot, located at the intersection of Northwest Tenth Street and St. Clair Avenue, in Oklahoma City.

In June, 1969, the trial court appointed three commissioners to appraise the value of the property taken and damages, “if any,” to the remainder. Their report assessed defendant’s damages at $2,056. At trial, plaintiff’s witnesses…