Smith v. State Highway Board

This case was here previously which resulted in a reversal of the judgment and a remand for retrial. See 128 Vt. 336, 262 A.2d 486 (1970). The sole question for resolution raised by the instant appeal is whether the lower court erred in its determination of the amount of compensation which the plaintiffs were entitled to receive in the taking of their land by the state for highway purposes.

Trial was by court which found the amount of damages was $61,000. The judgment order provided for the payment of $38,160.33 from which the state appealed.

In order to have access to land lying easterly of…