State Highway Commissioner v. Howard

The State Highway Commissioner contends on this appeal that the trial court erred in this condemnation proceeding by admitting evidence of circuity of access as a compensable element of damages, and orally instructing the commissioners that they should consider such evidence in arriving at an award for damages to the residue. The amount of the award for the property taken is not an issue on this appeal.

The Highway Commissioner took 0.44 acres of W. M. Howard’s land, which abutted on Routes 522 and 3, a two-lane highway occupying the same roadbed, for the construction, alteration and…