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STATE EX REL. MO. HWY. TRANSP. v. JOHNSON

No. WD 33960.

658 S.W.2d 900 (1983)

STATE of Missouri, ex rel. MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION, Successor to State Highway Commission of Missouri, Plaintiff/Appellant, v. John Forrest JOHNSON, et al. Exceptions of Don Hall, Inc. A Missouri Corporation, Defendant/Respondent.

Missouri Court of Appeals, Western District.

September 20, 1983.

Attorney(s) appearing for the Case

Bruce A. Ring, Jefferson City, Earl H. Schrader, Jr., James B. Jackson, Kansas City, for plaintiff/appellant.

James O. Turner, St. Joseph, for defendant/respondent.

Before CLARK, P.J., and PRITCHARD and LOWENSTEIN, JJ.

LOWENSTEIN, Judge.

The Missouri Highway and Transportation Commission (Commission) appeals from a verdict and judgment of $119,500 in favor of Don Hall, Inc. (Hall) in this action filed in January 1972 to condemn land in and adjacent to Mound City. The land was roughly in the shape of a triangle, containing 91 acres, with 3100 feet bordering on Route 59. The taking was of 24½ acres, with 1.39 acres reserved for a drainage easement. Eight acres outside the Mound...

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