White v. Thomas

This case arises out of condemnation proceedings, but involves the correctness of the trial court’s dismissal of a declaratory judgment action.

In 1977, the state offered the landowners $142,417, a sum arrived at by a land appraiser retained by it. A second state appraiser had valued the property at only $43,308. It is this low appraisal that generated this controversy.

The State Highway Department, by letter, notified the landowners that if the sum of $142,417 was not satisfactory, the state would have to acquire the land through condemnation. The state did commence condemnation proceedings in…