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GOODWIN v. IOWA STATE HIGHWAY COM'N

No. 84-1422.

369 N.W.2d 816 (1985)

Lawrence D. GOODWIN, Ellinor Goodwin Green and Robert R. Green, Appellees, v. IOWA STATE HIGHWAY COMMISSION, Appellant. William T. GOODWIN, Individually and as the Executor of the Estate of Gertrude C. Goodwin, Deceased, Appellee, v. IOWA STATE HIGHWAY COMMISSION, Appellant.

Supreme Court of Iowa.

June 19, 1985.

Attorney(s) appearing for the Case

Thomas J. Miller, Atty. Gen., and David Ferree, Asst. Atty. Gen., for appellant.

William L. Meardon of Meardon, Sueppel, Downer & Hayes, Iowa City, for appellees.

Considered by REYNOLDSON, C.J., and McCORMICK, SCHULTZ, CARTER, and WOLLE, JJ.

McCORMICK, Justice.

We must decide in this appeal whether statutory damages allowable to a landowner when a condemnor abandons a condemnation are limited to damages incurred in the eminent domain proceeding. In this case the trial court interpreted Iowa Code section 472.34 (1981) as allowing damages incurred by landowners in attacking the project in collateral federal litigation. Upon the appeal by the Iowa State Highway Commission, now the Iowa Department of Transportation...

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