Whelton v. State

This case is an appeal from the decision of a highway layout commission under the provisions of RSA 233:17. On October 2, 1964 the State took by eminent domain a portion of the plaintiffs’ property located in Nashua. A tender of $1,000 was made which was refused and the plaintiffs appealed to the Superior Court.

The plaintiffs requested that the damages be assessed by the Court. The State in its answer to the plaintiffs’ appeal petition admitted all the allegations therein except the contention that the amount awarded for the taking was grossly unfair and requested that damages be assessed by…