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BELLE v. IOWA STATE HIGHWAY COMMISSION

No. 51165.

126 N.W.2d 311 (1964)

In the Matter of the Condemnation of Certain Land by the State Highway Commission for the Use and Benefit of PRIMARY ROAD 1-80, North of Iowa City, Iowa. Kenneth I. BELLE and Laurence B. Short, Appellees, v. IOWA STATE HIGHWAY COMMISSION, Appellant.

Supreme Court of Iowa.

February 11, 1964.

Attorney(s) appearing for the Case

Evan Hultman, Atty. Gen. of Iowa, Des Moines, C. J. Lyman, Sp. Asst. Atty. Gen., Ames, Henry M. Keyes, State Counsel, Iowa State Highway Commission, Ames, and William L. Meardon, Iowa City, for appellant.

W. Lawrence Oliver, Des Moines, Messer & Cahill and Jerry L. Lovelace, Iowa City, for appellees.

GARFIELD, Chief Justice.

Plaintiffs Kenneth I. Belle and Laurence B. Short appealed to the district court from the assessment of damages for the taking by eminent domain of part of their property and appurtenances thereto for highway improvement purposes. From the award following trial by jury defendant Iowa State Highway Commission has appealed to us.

Plaintiffs were, prior to condemnation, the owners of 33.9 acres located just west of old highway 218 and...

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