HEINS v. IOWA STATE HIGHWAYS COMMISSION

No. 54022.

185 N.W.2d 804 (1971)

John C. HEINS, also known as John C. Heins, Jr., and Martha R. Heins, Appellants, v. IOWA STATE HIGHWAYS COMMISSION, Appellee.

Supreme Court of Iowa.

Rehearing Denied June 14, 1971.


Attorney(s) appearing for the Case

W. Howard Smith, O. J. Elsenbast, and John D. Randall, Cedar Rapids, for appellants.

Forrest W. Rosser, Cedar Rapids, for appellee.


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 Cedar 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...

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