State Highway Commission v. Hooper

The State Highway Commission, by its complaint, seeks to condemn 2.4 acres of a total of 150 acres owned by the defendants. The defendants, by their answer, did not allege damage to the remainder of their property. The reply was a general denial. Therefore, the only issue before the court and jury was the fair cash market value of the property the State Highway Commission sought to acquire, by its power of eminent domain, on the date it filed the complaint. State ex rel v. Hawk et al, 105 Or 319, 328, 208 P 709 (1922), State Highway Com. v. Bailey et al, 212 Or 261, 277, 319 P2d 906 (1957).

Fai…