State v. Benderson

ALMON, Justice.

This is a condemnation case. The State initiated proceedings in the Probate Court of Tuscaloosa County to take property located in the City of Tuscaloosa for highway purposes. Unhappy with the probate award, both parties appealed to the Circuit Court. A jury found the fair market value of the property to be $77,000. After the denial of a motion for a new trial, the State appealed.

The State’s expert witness testified that the property was worth $41,250. The landowners’ expert witnesses placed the value of the property between $96,000 and $107,-000.

The State claims error at trial…