Smith v. State Highway Commission

The opinion o£ the court was delivered by

Schroeder, J.:

This appeal arises from a proceeding in eminent domain by the State Highway Commission to (1) acquire an easement for a channel change and borrow, and simultaneously to (2) acquire rights of access along a limited portion of the landowners’ frontage on an existing highway. The parties stipulated the amount of the appraisers’ award for the easement was just compensation thereby leaving as the single issue in the trial court the restriction of access.

It is uncontroverted that the landowners had the same number of entrances to their premises…