State ex rel. Missouri Highway & Transportation Commission v. Roberts

ULRICH, Presiding Judge.

The Missouri Highway and Transportation Commission (MHTC) appeals the judgment of the trial court after a jury trial awarding Charles and Marolyn Rutt $50,000 in damages for condemnation of their real property. The judgment of the trial court is affirmed.

On December 12,1991, MHTC filed a petition seeking to condemn 3.13 acres of a 28.81 acre tract of land in Cass County, Missouri, to widen Highway 7 from two lanes to four lanes with a divided 60 foot median. The 3.13 acre tract, owned by the Rutts, was condemned by order of the trial court on January 24,1992.

Prior to…