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DANAMERE FARMS v. IOWA DEPT. OF TRANSP.

No. 96-545.

567 N.W.2d 231 (1997)

DANAMERE FARMS, INC., Appellee, v. IOWA DEPARTMENT OF TRANSPORTATION, Appellant, and U.S. West Communications, Inc., City of Carlisle, Iowa, and Warren County, Iowa, Defendants.

Supreme Court of Iowa.

July 23, 1997.

Attorney(s) appearing for the Case

Thomas J. Miller, Attorney General, David A. Ferree, Special Assistant Attorney General, and Mark Hunacek and Carolyn J. Olson, Assistant Attorneys General, Ames, for appellant.

John R. Sandre and Richard O. McConville of Coppola, Sandre & McConville, P.C., Des Moines, for appellee.

Considered by McGIVERIN, C.J., and HARRIS, LARSON, CARTER, and SNELL, JJ.

CARTER, Justice.

The appellee, Danamere Farms, Inc. (Danamere), is the owner of 233 acres of property in Warren County located near the City of Carlisle and along Highway 5, a primary highway. The appellant, Iowa Department of Transportation (IDOT), commenced condemnation proceedings for the taking of 5.75 acres of Danamere's property, which, prior to the taking, contained 233 acres. The county compensation commission awarded...

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