State ex rel. Department of Highways v. Howery

The Montana Department of Highways brought this action in the Fifth Judicial District Court, Beaverhead County, for the purpose of obtaining right-of-way for a *419frontage road along Interstate 15. Clinton and Jacqueline Howery owned the 0.76 acre tract subject to the condemnation action. Trial on the issue of just compensation was had after the Department of Highways appealed from an award by the Highway Commission.

The jury returned a verdict in favor of the Howerys in the amount of $243,475.00; $3,750.00 was awarded as damages to the remainder. A final judgment was entered in the amount of the…