State Ex Rel. Missouri Highway & Transportation Commission v. Horine

ROBERTSON, Judge.

The issue in this case is whether a landowner who is a party in a condemnation action may recover consequential damages to his land even though those damages are the product of the taking of land owned by other condemnees in the same condemnation action. Appellants assign error to the trial court instructing the jury not to consider evidence of diminished market value to the appellants’ properly that may result from an increased likelihood of flooding following the construction of the new Route 210. The Court of Appeals, Western District, reversed and remanded. A dissenting…