State Highway Commission v. Kliks

The State of Oregon, by and through the State Highway Commission, for highway purposes, brought this proceeding to condemn a parcel of land belonging to the defendant Dorothy L. Kliks. The jury returned a verdict fixing the true cash value of the property at $122,500, the amount alleged in plaintiff’s complaint. Prom the judgment entered on the verdict, the defendant appeals.

The defendant’s sole assignment of error is made to the following instruction given by the trial court:

“The burden of proving that just compensation is a sum in excess of the amount pleaded in Paragraph VI of plaintiff’s…