Boney v. State, Department of Transportation

SPECTOR, Chief Judge.

Appellants seek reversal of a final judgment in condemnation, entered subsequent to denial of their motion for new trial and granting appellee’s motion for remittitur. A jury verdict of $5,500 was reduced to an award of $525 upon entry of the remittitur. Appellee sought appellants’ property in the eminent domain proceeding below to acquire land for Interstate Highway 1-295, a limited-access road.

Appellants persuasively argue that severance damages — damages to their remaining land as a result of the taking — are present in this case. Although the taking has deprived them…