State ex rel. State Highway Commission v. Anderson
| Decision Date | 01 April 1963 |
| Docket Number | No. 23650,23650 |
| Parties | STATE of Missouri ex rel. STATE HIGHWAY COMMISSION, Respondent, v. Lelia Mae ANDERSON and George Anderson, Appellants. |
| Court | Missouri Court of Appeals |
Harry T. Limerick, Jr., James A. McGee, Columbia, for appellant.
Robert L. Hyder, Samuel C. Ebling, Jefferson City, for respondent.
This is a proceeding brought by the State Highway Commission, the respondent, to condemn certain land belonging to defendants for road purposes. The suit was instituted in the Circuit Court of Boone County on February 6, 1961. Commissioners were appointed by the court to view the property and to assess net damages to the defendants. On February 20, 1961, the Commissioners reported the net damages to defendants at $7325. Exceptions were duly filed to this report and the cause was tried before a jury resulting in a verdict for $3775. Judgment was entered on said verdict. A motion for new trial was duly filed by defendants and overruled by the trial court. This appeal followed.
In this proceeding the State Highway Commission sought to condemn 4.85 acres of land from a 40 acre tract belonging to the appellants located about six miles east of Columbia on Highway 40 at the intersection of Route Z, being the principal intersection between Columbia and Kingdom City. The appellants' 40 acres was bounded on the south by old Highway 40, a concrete pavement, and on the west by a blacktop known as Highway Z connecting the highway with Centralia and towns to the north. The appellants had access the entire length of their property on the south on old Highway 40 and the entire length of their property on the west on Highway Z. The 40 acres lies in a level or very gently rolling area. The proposed condemnation condemns the property in the southwest corner of appellants' 40 acre tract beginning about 250 feet west of the east boundary line on the south side of appellants' property, westward to Route Z and northward along Route Z to within about 250 feet of the north boundary line of said tract, beginning as a narrow strip, increasing in width rounding the southwest corner and then decreasing in width along Routh Z, comprising 4.85 acres. The new highway being a limited access highway, the condemnation proceeding took from the appellants the right of ingress and egress to the highway of all the south boundary line lying along old Highway 40, along their 40 acre tract except the east 300 feet and all access along Route Z except approximately the north 250 feet. An overpass was built at the intersection of Route Z and proposed Highway 70 with the accompanying ramps which interfered with the view of the property from the new highway.
The appellants' witnesses testified that the appellants' property was ideally situated for commercial purposes; that the property was ideally located for a motel or large filling station or for a subdivision into acre tracts; that they had inquiries from people wanting just such tracts for development in this area. On cross-examination one of the witnesses testified that the Shell Oil Company was locating in the territory; that all four of appellants' witnesses were persons engaged in the sale of rural properties for years. The appellant George Anderson testified on cross-examination that he had been offered $4000 for two acres in the southwest corner.
The appellants' witnesses testified as to the value of the property before condemnation as follows: Appellant George Anderson $21,000 or $22,000, Earl Sprague $18,000, Berryman Allen $20,000, Maurice Brown $19,000, George Peak $20,000. As to the value after the condemnation of the approximate 35 acres left, the appellant George Anderson testified $10,000, Earl Sprague testified $7500 to $8000, Berryman Allen $10,000, Maurice Brown $7500, George Peak $12,675. The difference in these figures ranged from $7325 to $11,000 net damage. All of the witnesses testified that after the condemnation that appellants' land could not be sold as commercial property.
The respondent's witnesses each testified that they did not consider this property as commercial property and considered it only as farm land. The witnesses for the respondent testified as to the value before the condemnation as follows: James Tucker at $10,775, Harry Gentry $10,825, Jack Blaylock $11,375. They testified that after the condemnation the approximate 35 acres would be worth, James Tucker $8550, Harry Gentry $8525, Jack Blaylock, $9275, making a net damage of from $2100 to $2300. Mr. Tucker further testified that he appraised for loan companies and that he had never sold a farm in Boone County. Mr. Gentry testified that he principally dealt with city property; that he had sold no farms juring the past year. Jack Blaylock testified that he appraised for the State Highway Commission; that he had been a real estate broker for a little over a year and he had sold no farms in the past year.
Both appellants' and respondent's witnesses testified that they had no listings east of Columbia to the Callaway County line along Highway 40. Part of the witnesses testified that they had buyers for commercial property in this vicinity but could obtain no listings east of Columbia along Highway 40 to Route Z or from Route Z to the Callaway County line.
The evidence shows the sale in February 1959 of an 80 acre farm for $27,500 a half mile east of the Anderson property which had no access to Highway 40 and was not on intersecting highways. Evidence was offered concerning the Tekotte farm sold in 1960 for $30,000 containing 141.17 acres located on a gravel road 3/4 of a mile south of the junction of Highway 40 and Route Z. Also evidence as to the Rene property containing 68.45 acres sold January 28, 1957 located on the northeast corner of gravel road and Highway 40 for $23,000.
Appellants' initial complaint is that the trial court erred in overruling their motion for new trial on the ground that the verdict was against the weight of the evidence. The assignment lacks merit. As stated in the case of Roush v. Alkire Truck Lines, Inc., 245 S.W.2d 8, 10 (Mo.Sup.):
And in Romandel v. Kansas City Public Service Co., Mo.Supp. 254 S.W.2d 585, 590, our Supreme Court also stated:
The appellants rely upon ...
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