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STATE v. HENRIKSON

Nos. 19211, 19226.

548 N.W.2d 806 (1996)

1996 SD 62

The STATE off South Dakota, Acting By and Through the DEPARTMENT OF TRANSPORTATION and the South Dakota Transportation Commission, Plaintiff and Appellant, v. Evelyn HENRIKSON and Gloria Lundstrom, Defendants and Appellees.

Supreme Court of South Dakota.

Decided May 29, 1996.

Attorney(s) appearing for the Case

Mark Barnett, Attorney General, Carl W. Quist, Assistant Attorney General, Office of Legal Counsel, Department of Transportation, Pierre, for plaintiff and appellant.

Mark Meierhenry of Danforth, Meierhenry & Meierhenry, Sioux Falls, for defendants and appellees.

SABERS, Justice.

[¶ 1] State appeals a jury verdict to Landowners, claiming the trial court allowed improper testimony of (1) severance damages, (2) negotiations, and that (3) the jury awarded excessive damages. We reverse on issue 1 and remand.

FACTS

[¶ 2] Evelyn Henrikson and Gloria Lundstrom (Landowners) own property in Lincoln County in the southwest part of the City of Sioux Falls. The State constructed an interchange on 1-229 and...

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