State Ex Rel. Department of Highways v. Allison

JACKSON, Justice.

Defendants D. W. and Ollie Allison owned a 300 acre farm near Elk City, Oklahoma, through which the Highway Department desired to obtain right of way for the purpose of constructing a limited access highway. After unsuccessful negotiations, the Highway Department, as plaintiff, began condemnation proceedings. Commissioners were appointed pursuant to law, and they set the damages of defendants at $13,006.50. Both parties then demanded trial by jury. The jury fixed the damages at $16,500.00, and the Highway Department appeals.

The petition in the case described the lands to be…