Commonwealth, Department of Highways v. Belk

WADDILL, Commissioner.

In this condemnation action instituted pursuant to the provisions of ICRS 177.081 et seq. the jury awarded the appellee landowner $62,000 for the land and buildings taken and $1500 as damages to the remainder. In seeking reversal of the judgment the Commonwealth urges that the court erred: In permitting the jury to base its award upon appraisal testimony having insufficient probative value; in ruling upon admissibility of certain evidence and in instructing the jury.

Upon direct examination Earnest Miller and Robert Devasier testifying on the landowner’s behalf gave the…