(Download) "State Missouri v. Gertrude R. Kendrick" by Supreme Court of North Dakota ~ Book PDF Kindle ePub Free
eBook details
- Title: State Missouri v. Gertrude R. Kendrick
- Author : Supreme Court of North Dakota
- Release Date : January 09, 1964
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
State Highway Commission, in the course of the construction of Mark Twain Expressway in St. Louis County, brought proceedings in the circuit court of that county to condemn a tract of 11 acres, part of a larger tract of 56 acres owned by Olive M. Gutweiler. The 56-acre tract lay immediately west of Lambert-St. Louis Municipal Airport. The north boundary line of the 56-acre tract abutted the south line of Natural Bridge Road. The 11-acre tract lay at the rear or south side of the 56-acre tract. The 11-acre tract did not connect with any public street or highway. It was landlocked and had no means of ingress or egress except through that portion of the 56-acre tract lying north of the 11 acres. The petition in condemnation was filed April 2. Commissioners, appointed June 13, filed their report October 25, awarding defendant $17,500 damages. The highway commission deposited $17,500 in the registry of the court November 26. All of this occurred in 1956. The parties accepted November 26, 1956 as the valuation date. Both condemnor and the landowner filed exceptions to the report of the commissioners. The case was tried to the court, sitting without a jury. The court filed its findings of fact and Conclusions of law, assessed defendants damages at $27,924 and entered judgment for defendant for $10,424 (the difference between the courts assessment and the amount previously deposited in the registry of the court), plus 6% interest on $10,424 from November 26, 1956.