State ex rel. Missouri Highway & Transportation Commission v. Spencer

KAROHL, Judge.

This is a highway condemnation suit involving 2.94 acres owned by appellants, Richard and Simone Selvidge. The commission awarded property owners $9,275. A jury awarded property owners $8,700. Before the condemnation the land was bisected by a highway overpass. On appeal they claim the court erred in: (1) ruling the Missouri Highway and Transportation Commission owned a fee interest in the existing highway before the condemnation; (2) ruling a prospective denial of free access under the overpass was not an element of damages; and (3) admitting evidence from the expert called by…