STATE EX REL. STATE HWY. COM'N, ETC. v. TATE

No. 61463.

592 S.W.2d 777 (1980)

STATE of Missouri ex rel. STATE HIGHWAY COMMISSION OF MISSOURI, Plaintiff-Appellant, v. Sherman A. TATE et al., Exceptions of J. C. Young et al., Defendants-Respondents.

Supreme Court of Missouri, En Banc.

January 15, 1980.


Attorney(s) appearing for the Case

Thomas E. Cheatham, Bruce A. Ring, Jefferson City, for plaintiff-appellant.

Harold J. Fisher, David L. Smith, Springfield, Albert F. Turner, Mountain Grove, for defendants-respondents.


WELLIVER, Judge.

This case raises the issue whether appellant, the State Highway Commission, has the right to introduce evidence of special benefits in a condemnation proceeding. We hold that appellant does have that right, and reverse and remand for a new trial.

The State Highway Commission filed a petition on September 5, 1973, seeking to condemn an easement across a quantity of land for the relocation of Route 60 and reconstruction of Route 95 in Mountain...

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