State, by and Through State Hwy. Com'n v. Marsh

This is an appeal from a judgment rendered in a condemnation action involving the acquisition of property by the state for the purpose of interstate highway construction.

This case came before this Court previously on an appeal brought by the landowner, Hazel Marsh, from the judgment rendered in the original District Court trial, State Hwy Comm’n v. Marsh (1974), 165 Mont. 198, 527 P.2d 573. in that case we ordered a new trial, holding that the District Court committed reversible error in not allowing the landowner to express an opinion on the value of her land.

The land condemned by the state…