State v. Burlingame

This is the second appeal of the matter previously before this Court in Department of Highways v. Burlingame (1979), 182 Mont. 298, 597 P.2d 51. The facts may be briefly stated as follows:

The Department of Highways brought this action in the District Court to condemn 1.32 acres of defendant’s property in Missoula County. Prior to the jury trial in District Court, plaintiff had made a number of offers to purchase defendant’s property, all of which were refused. Plaintiff’s last offer was $43,100 plus necessary expenses. The jury, however returned a verdict awarding the defendant only $39,750…