1.77 Acres of Land v. State Ex Rel. State Highway Department

CAREY, Justice.

This is an appeal from the confirmation by Superior Court of an award in a condemnation case. The property, which is located in Brandywine Hundred north of Wilmington, was taken by the State Highway Department, appellee (Dept.), for the construction of 1-495, an interstate highway. See 241 A.2d 513. It was owned by Robert A. Cunningham and his wife, appellants (owners). The date of the taking was December 12, 1966. The total quantity taken was about five and one-half acres out of a tract containing about fifteen and one-half acres.

The owners contend that the Court below erred…