State ex rel. State Highway Commission v. Fajen

ANDREW JACKSON HIGGINS, Special Judge.

Action in eminent domain to acquire easement and property rights in real estate owned by Minnie Arnett and others for road purposes. Appeal by State Highway Commission from verdict and judgment which awarded landowners $248,000 damages for the taking. The question is whether the verdict is supported by substantial evidence. Affirmed.

Plaintiff filed its petition October 17, 1973, to condemn 31 tracts of land for relocation of U. S. Highway 65 near Warsaw in Benton County. Included were 44.43 acres of land belonging to the Arnetts for part of the relocation…