South Carolina State Highway Department v. Clarkson

Lewis, Chief Justice:

This is an appeal from an order of the lower court granting a new trial upon the facts.

The South Carolina State Highway Department (appellant) instituted these proceedings to acquire 15.48 acres of land from a tract consisting of 34.72 acres, owned by respondents, for the construction of a portion of Interstate Highway 77 in Richland County. The Board of Condemnation made no award to respondents for the taking of the land and subsequently, in a trial de novo in the Court of Common Pleas, a jury also found that respondents were entitled to no cash consideration, both the…