South Carolina State Highway Department v. J. W. Conder Co.

Brailsford, Justice:

The South Carolina Highway Department has condemned 15.73 acres of a 73-acre tract of land of The J. W. Conder Company for highway purposes. The board of condemnation awarded compensation of $29,350.00, and the landowner demanded a jury trial by appealing pursuant to Section 33-139, Code of 1962. The trial de novo in the circuit court resulted in a verdict of “no dollars,” signifying a jury finding that the benefit to the remaining land exceeded the value of that taken and any special damages. The landowner now appeals on a number of grounds from the trial judge’s refusal…