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LEHIGH CLAY PROD. v. DEPT. OF TRANS.

No. 94-1381.

545 N.W.2d 526 (1996)

LEHIGH CLAY PRODUCTS, LTD., Appellant, v. IOWA DEPARTMENT OF TRANSPORTATION, Appellee.

Supreme Court of Iowa.

Rehearing Denied April 17, 1996.

Attorney(s) appearing for the Case

Robert G. Allbee and Michael J. Eason of Ahlers, Cooney, Dorweiler, Haynie, Smith & Allbee, P.C., Des Moines, and George H. Frampton and Robert G. Bridges of Whitfield & Eddy, Des Moines, for appellant.

Thomas J. Miller, Attorney General, David A. Ferree, Special Assistant Attorney General, and Mark Hunacek, Assistant Attorney General, for appellee.

Considered en banc.

CARTER, Justice.

The appellant, Lehigh Clay Products, Ltd. (Lehigh), was a lessee of mineral rights in Webster County that were taken by an eminent domain proceeding initiated by the appellee, Iowa Department of Transportation (IDOT). The compensation commission valued the interest that was taken from Lehigh at $3000. In a jury trial that was held in connection with Lehigh's statutory appeal of the award, Lehigh's just compensation was fixed at $350,000. The district...

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