State Highway Commission v. Cousineau Gravel Inc.

On January 6, 1970, the State Highway Commission brought a petition pursuant to 1966 PA 295 to condemn the defendant’s property in order to improve highway US-131. The property to be taken was 30 acres in fee of an 80-acre parcel. The land was being used by the defendant as a gravel pit. The case was tried before a jury on April 17, 1972. The State offered $34,000 for the land which was at least $60,000 below the value requested by the owner. On April 20, 1972, the jury returned a verdict of $38,700.

On May 2, 1972, the defendant moved for the allowance of $19,474.72 costs and expenses.1 The…