State Roads Commission v. Toomey

HIGINBOTHOM, Judge.

This case involves the condemnation by the State Roads Commission of a parcel of 7.449 acres in Frederick County. Also condemned were a revertible easement of 0.437 acre, and a temporary easement for a roadway during construction. The land condemned is a portion of a productive orchard comprising 77.709 acres, lying on the westerly side of U.S. Route 15 in Frederick County, partially within the city limits of Thurmont. That portion of the tract acquired by the State included a number of productive apple and peach trees.

At the beginning of the trial, the State filed a motion…