State Highway Commission v. Schiltz

DUNN, Chief Justice.

This condemnation action involves the taking of 20.74 acres of farm land in Roberts County for the construction of U.S. Interstate Highway 29. It is a companion case to State Highway Commission v. Anderson (decided this date), 90 S.D. 503, 242 N.W.2d 674. From a jury verdict of $22,050, the state appeals claiming the trial court abused its discretion and erred in (1) ruling that evidence of the sale of the condemned land two years before the taking was inadmissible as a matter of law, and (2) ruling that evidence of comparable sales introduced for the purpose of explaining…