Dept of Transportation v. HJ Grathol
Annotate this CaseHJ Grathol ("Grathol") appealed a district court judgment awarding Grathol $675,000 in just compensation from the Idaho Transportation Department ("ITD"). ITD acted to condemn 16.314 acres to improve U.S. Highway 95. Those 16.314 acres were part of 56.8 acres that Grathol owned in Athol. After a bench trial, the district court held that just compensation would be based on the value of the 56.8 acre parcel. The court also held the property remaining after the condemnation suffered no severance damages. Grathol argued on appeal that the district court applied the wrong law and should have instead based just compensation on a 30 acre parcel. Grathol also argued that the district court ignored Grathol's severance damage evidence and improperly excluded testimony about damages from a proposed frontage road. Furthermore, Grathol appealed the district court's award of costs and discretionary fees to ITD, arguing that condemnors were not entitled to costs and that the court did not find ITD's discretionary costs were necessary and exceptional. Upon review, the Supreme Court found only that the district court erred in its award of attorney fees. The Court affirmed in all other respects, and remanded the case for recalculation.
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