Heins v. IOWA STATE HIGHWAYS COMMISSION

UHLENHOPP, Justice.

This appeal involves several legal questions which arose in the trial of a condemnation case.

John C. Heins, whom we will call plaintiff, owns a 72.59-acre tract of land in Ce dar Rapids, Iowa. Blair’s Ferry Road adjoins plaintiff’s tract on the north. Railroad rights-of-way adjoin it on the east and south. A city sewer runs through the next parcel of land east of those railroad rights-of-way.

Defendant Iowa State Highway Commission condemned 23.26 acres in the southeast part of plaintiff’s tract. The remaining northwest part of his tract, consisting of 49.33 acres, is thus…