Levit v. State, Department of Transportation

ON REHEARING

Appellants have appealed an order granting appellee, State Department of Transportation, a new trial in an eminent domain proceeding by which land owned by appellants adjacent to a limited access interstate highway interchange is being acquired for highway purposes. The ground assigned by the trial court for granting the new trial was that it had erred in excluding from evidence a proffer of appellee by which it sought to prove that the land of appellants remaining after the taking would be directly and peculiarly enhanced in value as a result of the highway improvement to be…