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STATE HIGHWAY COMMISSION v. EMRY

No. 11603.

244 N.W.2d 91 (1976)

The STATE HIGHWAY COMMISSION of the State of South Dakota, on Behalf of and in the name of the STATE of South Dakota, Plaintiff and Appellant, v. Leonard EMRY and Fern Emry, Defendants and Respondents.

Supreme Court of South Dakota.

July 2, 1976.

Attorney(s) appearing for the Case

Camron D. Hoseck, Asst. Atty. Gen., for plaintiff and appellant; William J. Janklow, Atty. Gen., Carl W. Quist, Asst. Atty. Gen., Pierre, on brief.

Joseph M. Butler, Bangs, McCullen, Butler, Foye & Simmons, Rapid City, Robert D. Hofer, Stephens, Riter, Mayer & Hofer, Pierre, for defendants and respondents.

COLER, Justice.

This case comes to us upon a stipulation of facts which was presented to the trial court in eminent domain proceedings taken pursuant to SDCL 31-19. The parties stipulated to the total amount of damages, both for land actually taken and for consequential damages to the remainder. They also stipulated as to the amount of the enhanced value to the remainder which was to be a setoff against the total if that benefit was found by the trial court to be...

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