State v. Furry

A trial by jury of this condemnation case resulted in a verdict for the appellee-landowners in the sum of $50,000.00. In this case the appellant-State took 37.8 acres from the appellees’ 224 acre farm located near Greenfield, Hancock County, Indiana, for the construction of part of the 1-7 0 highway pro j ect.

The State here challenges a procedure permitted by the trial court wherein the appellees, prior to trial, withdrew any claim for damages to the residue of their land and such other damages as might result to them from the construction of the project as proposed, thus preventing the State…