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SUNRISE DEVELOPING CO. v. IOWA DEPT. OF TRANSP.

No. 93-46.

511 N.W.2d 641 (1993)

SUNRISE DEVELOPING COMPANY, Appellant, v. IOWA DEPARTMENT OF TRANSPORTATION, Appellee.

Court of Appeals of Iowa.

November 29, 1993.

Attorney(s) appearing for the Case

John R. Ward of Hedberg, Ward, Owens & Vonderhaar, Des Moines, for appellant.

Bonnie J. Campbell, Atty. Gen., David A. Ferree, Sp. Asst. Atty. Gen., and Mark Hunacek, Asst. Atty. Gen., for appellee.

Heard by SCHLEGEL, P.J., HAYDEN, J., and KEEFE, S.J.

KEEFE, Senior Judge.

The case concerns approximately 38.5 acres of land in Polk County condemned by the Iowa Department of Transportation (DOT) for use as a borrow. The condemned property was a portion of a tract of land owned by the Sunrise Developing Company which the company planned to develop, but which had been used for agricultural purposes. Fill dirt from the condemned land is to be used by the DOT for road construction. The Polk County compensation commission...

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