Phelps v. Board of Supervisors of Cty. of Muscatine

LeGRAND, Justice.

This is a mandamus action brought by the owners of five parcels of property lying in the flood plain of the Cedar River to exact compensation from Muscatine County for an alleged taking of their land in connection with the construction of a causeway and bridge as part of a highway improvement in that county. The plaintiffs appeal from an adverse judgment. We reverse and remand with directions that a writ of mandamus issue as prayed.

We consider briefly the factual situation upon which a determination of this appeal depends. In 1963, Muscatine County acquired a right-of-way for…