Mississippi State Highway Commission v. Williams

185 So. 2d 154, 1966 Miss. LEXIS 1499
CourtMississippi Supreme Court
DecidedApril 11, 1966
DocketNo. 43908
StatusPublished

This text of 185 So. 2d 154 (Mississippi State Highway Commission v. Williams) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mississippi State Highway Commission v. Williams, 185 So. 2d 154, 1966 Miss. LEXIS 1499 (Mich. 1966).

Opinion

INZER, Justice.

Appellant, Mississippi State Highway Commission, filed a petition in the County Court of the Second Judicial District of Jones County, Mississippi, to condemn for highway purposes 10.23 acres of land owned by appellee, Mrs. Kate M. Williams. A trial was had, and after hearing the testimony and viewing the premises, the jury returned a verdict fixing appellee’s damages at $15,000. The Commission appealed to the circuit court, and the circuit court found that there was error in the admission of ■certain testimony, and reversed, unless ap-pellee would consent to a remittitur of $3,-000. Appellee refused to consent to the re-mittitur, and a new trial was had in circuit court. The jury returned a verdict for $25,-000, and a judgment was entered accordingly. A motion for a new trial was overruled, and the Commission appealed to this Court. The Commission contends on this appeal, among other things, that the jury’s verdict on which the judgment was based is so grossly excessive as to evince bias, passion and prejudice. We are in agreement with this contention.

The proof in this case shows that appellee is the owner of about fifty acres of land located on the west side of U. S. Highway 11, about one and one-half miles north of the city limits of the City of Laurel. Her land consists of two tracts, thirty acres of which are in the southwest part of the South Y2 of the Southwest of the Northwest Section 22, Township 9 North, Range 11 West, and the other twenty acres are in the northwest part of the Southwest J4 of the same section, township and range. The two tracts corner, and there is an old road that connects the tracts. The land taken for right-of-way purposes traverses the 30-acre tract from the south in a northeasterly direction, leaving 18.6 acres west of the land taken. The land taken is to be used in the construction of Interstate Highway 59. This is a non-access highway, and after the taking, appellee has no access to the 18.6 acres.

Appellee resides in her home on the 20-acre tract on the west side of Highway 11. The frame dwelling contains 1260 feet of floor space and is equipped with all modern conveniences. To the rear of the house are two small cribs of no great value, and to the north of the house was a vacant brick store building, which was formerly operated by appellee as a mercantile business. This building has been removed since these proceedings started. There is also located on this tract a lake covering about two acres. This lake is used for the purpose of irrigating the lawn and shrubs around the house and as a fish pond. None of these improvements were taken or damaged.

The proof shows that in order for ap-pellee to gain any access to the 18.6 acres west of the land taken it will be necessary for her to obtain a right-of-way from several landowners, and if such right-of-way is obtained, that she will have to travel several miles from her home to reach the prop-ert}^. There were no improvements of any kind on the land taken, or on that part without access. The land is timberland, and so far as the record shows, it has never been used for any other purpose. There was very little, if any, merchantable timber thereon at the time of taking. The timber growing on the land is pine and hardwood. There are some pine suitable for poles, and some timber suitable for pulpwood. The record is silent as to when the timber was last cut from the land. The land .taken and that without access is not level land, but consists of hills and hollows. Tallahalla Creek [156]*156crosses the extreme northwest corner of the land; about one acre is subject to overflow.

The Commission offered two witnesses who testified as to the fair market value of the property prior to the taking and the fair market value of the remaining property after the taking. Appellee offered only one witness who testified as to the values. The values given are as follows:

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163 So. 2d 874 (Mississippi Supreme Court, 1964)
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Bluebook (online)
185 So. 2d 154, 1966 Miss. LEXIS 1499, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mississippi-state-highway-commission-v-williams-miss-1966.