State Ex Rel. State Highway Department v. Fox Trailer Court

OPINION

McMANUS, Justice.

The petitioner-appellant, State Highway Department of New Mexico, brought this suit to condemn lands needed for the construction of Interstate Highway 10 in Las Cruces, New Mexico. The suit was filed under the Special Alternative Procedure for Eminent Domain. This appeal involves tracts 17-7, 17-8, 17-8-EL and 17-8-ED-l, all in Dona Ana County, New Mexico. A jury trial ensued resulting in a verdict of $158,000 for the defendants herein. Judgment was entered and petitioner appeals.

Appellant claims five points of error resulting from the trial of the cause. The first was…