Commissioner of Highways v. Karverly, Inc.Annotate this Case
The Supreme Court reversed the final judgment of the trial court in this eminent domain case granting $167,866 in damages to the landowner, holding that the trial court erred in disallowing the expert witness for the Commissioner of Highways from testifying.
The Commissioner initiated this condemnation proceeding to acquire a strip of commercial property to create a multi-use trial. At trial to determine just compensation, the trial court allowed the landowner’s expert witness to testify that the take caused $193,270 in damages to the remainder but disallowed the Commissioner’s expert witness from testifying that the take caused $0 in damages to the remainder. The Supreme Court reversed and remanded the case for retrial, holding that the trial court erred by excluding the Commissioner’s expert witness testimony.