State ex rel. Missouri Highway & Transportation Commission v. Thomas

SIMON, Judge.

Missouri Highway and Transportation Commission (Commission) appeals from a $50,000.00 jury verdict and resulting judgment in a condemnation action in which approximately 12.85 acres were condemned for the purpose of constructing a new highway. On appeal, Commission contends that the trial court erred in: (1) refusing its withdrawal instruction No. 1, which would have withdrawn from the jury’s consideration evidence of the change in the highest and best use of the subject property after the taking, due to the property being on a secondary road, in that such evidence was part of…