STATE BY DEPT. OF HIGHWAY v. Feenan

This action arose from a condemnation of appellants’ property which adjoins U.S. Highway 40 which is now U.S. Highway 2 near Columbia Falls, Montana. The Feenans appeal from the judgment of the District Court, Eleventh Judicial District, Flathead County. Judgment was entered after a seven day trial in which the jury awarded appellants $16,500 for 2.04 acres of land as “damages for property taken.” The jury awarded Feenans nothing for “damages or depreciation in the market value of the remaining property.”

*257We reverse and remand for retrial.

The issue presented for our review in this appeal is…