Department of Highways v. Kelley

Plaintiff in error Department of Highways filed a petition in condemnation in the trial court for the purpose of acquiring for a highway right-of-way a- portion of land belonging to the defendants in error Kelley.

No jury trial was requested by the landowners and the court appointed a commission of freeholders, as provided by law, to determine the compensation to be paid the landowners for the land actually taken and for damages to the residue. The commission was duly instructed by the court as to the law applicable to the case, and after hearing, the commission ascertained and certified the…