State ex rel. Missouri Highway & Transportation Commission v. Wallach

SMITH, Judge.

The Highway Commission appeals from the jury verdict and resultant judgment of $100,000 against it in this condemnation action. We reverse and remand.

The property in question is on the south side of St. Charles Rock Road at the intersection with Lucas and Hunt Road in St. Louis County. The Commission was improving the Rock Road and took less than one-tenth of an acre of the landowners’ property fronting the road. The remainder of the parcel is approximately 4.8 acres. The land is utilized by the landowners for a scrap collection and recycling operation. This activity consists of…