Mathis v. Department of Transportation

Banke, Presiding Judge.

The Department of Transportation condemned 4.4496 acres of land belonging to the appellants, leaving them with a remainder of approximately 40 acres. The appellants appealed the issue of compensation to a jury, being primarily concerned with the effect of the taking on their remaining access to an adjacent highway. The jury awarded the appellants compensation in the total principal amount of $24,500, which was only $100 more than the amount previously paid into court by the department. This appeal is from the denial of the appellants’ motion for new trial. Held:

1. The…