State ex rel. State Highway Department v. Branchau

OPINION

McMANUS, Chief Justice.

The State of New Mexico brought an eminent domain action in the District Court of Quay County seeking to acquire some of Branchau’s property. The jury returned a verdict in the sum of $21,800 and the State appealed. We reverse.

The State’s basic contention was that the trial court erred in permitting Nathan Bell, an expert witness called on behalf of Branchau, to testify even though he was not listed in the pretrial order. The State objected immediately after opening argument when Bell’s name was revealed and later when Bell was called to testify. The State also…