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STATE EX REL. HWY. & TR. COM'N v. SPENCER

No. 59489.

820 S.W.2d 87 (1991)

STATE of Missouri, ex rel. MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION, Plaintiff/Respondent, v. Opal Browning SPENCER, et al. (Exceptions of Richard and Simone Selvidge), Defendants/Appellants.

Missouri Court of Appeals, Eastern District, Division Four.

December 10, 1991.

Attorney(s) appearing for the Case

J.B. Carter, St. Louis, for defendants/appellants.

John William Koenig, Jr., Government Counsel, Sikeston, for plaintiff/respondent.

KAROHL, Judge.

This is a highway condemnation suit involving 2.94 acres owned by appellants, Richard and Simone Selvidge. The commission awarded property owners $9,275. A jury awarded property owners $8,700. Before the condemnation the land was bisected by a highway overpass. On appeal they claim the court erred in: (1) ruling the Missouri Highway and Transportation Commission owned a fee interest in the existing highway before the condemnation; (2) ruling a prospective...

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