Volbrecht v. State Highway Commission

The issues on this appeal concern the admissibility of evidence concerning the presence of fill dirt in valuing the land before and after the taking and the accuracy of the instruction to the jury in this regard.

The state argues that before evidence of a mineral deposit may be admitted into evidence in a condemnation case a foundation must be laid to show that the presence of the mineral deposit affects the fair market value of the land. Cameron Development Co. v. United States (5th Cir. 1944), 145 Fed. (2d) 209; United States v. Land in Dry Bed of Rosamond Lake, Cal. (D. C. Cal. 1956), 143…