State ex rel. State Highway Commission v. Blue Ridge Baptist Temple, Inc.

MANFORD, Judge.

This is a direct appeal by defendant landowner1 from a jury award in condemnation. Respondent (hereinafter referred to as plaintiff) asserted its authority for the taking of a part of defendant’s land in further development of Highway 1-470. Commissioners were appointed, and these commissioners assessed damages of $55,-000.00. Plaintiff paid that sum into the court registry. Both parties filed exceptions. Upon trial, the jury awarded defendant $30,000.00 in damages. A motion for new trial was timely filed and overruled. The trial court ordered defendant to pay to plaintiff the…