State Ex Rel. State Highway Commission v. Warner

STONE, Judge.

In this proceeding by the Missouri State Highway Commission (hereinafter referred to as the Commission) to condemn additional right of way for Route HH in Barry County, the commissioners awarded no damages to defendants, Gerald Warner and Lorene Warner, for appropriation of the right of way through their 160-acre farm; but, upon trial of their exceptions in circuit court, defendants obtained a jury verdict for $2,500. From the judgment entered thereon, the Commission has perfected this appeal.

Route HH follows the course of a previously-existing “state-maintained” road and runs in…