State Highway Comm'n v. Smith & Jesson

This is an appeal from a judgment for defendants rendered pursuant to a verdict in the district court of Park County. The action is in eminent domain. It was tried in district court after an appeal pursuant to statute by the defendants from an award of commissioners appointed to assess damages to be paid the defendant as compensation for their property appropriated for the construction of a controlled access Interstate Highway.

The property, which is farm land, is about two miles west of Livingston, Montana. The condemned portion of 22.7 acres is situated so that the taking divided the farm…