Home/Michigan Court of Appeals/Highway Commission v. Lukazcek

Highway Commission v. Lukazcek

168 N.W.2d 446, 16 Mich. App. 614, 1969 Mich. App. LEXIS 1442
CourtMichigan Court of Appeals
DecidedMarch 27, 1969
DocketDocket No. 3,664
StatusPublished

This text of 168 N.W.2d 446 (Highway Commission v. Lukazcek) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Highway Commission v. Lukazcek, 168 N.W.2d 446, 16 Mich. App. 614, 1969 Mich. App. LEXIS 1442 (Mich. Ct. App. 1969).

Opinion

Per Curiam.

At the hearing to determine damages in this condemnation proceeding filed under [615]*615CL 1948, §213.171 (Stat Ann 1958 Rev §8.171), the trial conrt instructed the jury on the before- and-after test and on value of minerals taken plus damages to the remainder.

This trial occurred before the Supreme Court affirmed State Highway Commission v. Hahn (1966), 4 Mich App 225, in 380 Mich 115. It is established that the measure of damages in condemnation for borrow purpose is the value of minerals in place plus damages to the remainder.

Reversed and remanded for new trial but without costs.

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Related

State Highway Commissioner v. Hahn
156 N.W.2d 33 (Michigan Supreme Court, 1968)
State Highway Commissioner v. Hahn
144 N.W.2d 643 (Michigan Court of Appeals, 1966)

Cite This Page — Counsel Stack

Bluebook (online)
168 N.W.2d 446, 16 Mich. App. 614, 1969 Mich. App. LEXIS 1442, Counsel Stack Legal Research, https://law.counselstack.com/opinion/highway-commission-v-lukazcek-michctapp-1969.