State v. Rogers

BOYD, Justice.

This appeal presents the question whether a condemnee is entitled, in a proceeding to condemn for highway right-of-way purposes the whole of his real property, as an element of his damages, evidence about the “good will” and “going concern” values of his business. Concomitantly, it also presents the question of whether definitions of those elements should have been included in the court’s instruction defining “market value,” so that the jury could determine the proper market value of the condemnees’ premises on the date they were condemned by the State. Moreover, it raises the…