State, Department of Roads v. Whitlock

The State of Nebraska, Department of Roads, condemned 21.75 acres of Robert O. Whitlock and Patricia Whitlock’s farmland property for the construction of a highway. The Whitlocks’ property is located in three separate sections and is now severed by the new highway. A jury returned a verdict in the amount of $65,250. The State appeals, contending that the district court erred in various respects. We hold that the district court erred in admitting the Whitlocks’ expert’s written appraisal report and supplemental report into evidence because they were hearsay. We reverse, and remand.

BACKGROUND

At…