State ex rel. Department of Highways v. Lahman

565 P.2d 303, 172 Mont. 480, 1977 Mont. LEXIS 769
CourtMontana Supreme Court
DecidedMay 24, 1977
DocketNo. 13156
StatusPublished
Cited by2 cases

This text of 565 P.2d 303 (State ex rel. Department of Highways v. Lahman) is published on Counsel Stack Legal Research, covering Montana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State ex rel. Department of Highways v. Lahman, 565 P.2d 303, 172 Mont. 480, 1977 Mont. LEXIS 769 (Mo. 1977).

Opinions

MR. JUSTICE HASWELL

delivered the opinion of the Court.

Plaintiff, Department of Highways, appeals from a judgment for the landowners in the amount of $125,660, entered after a jury trial in the district court of Powell County.

Defendants Edward C. and Margaret K. Lahman own a 415.9 acre tract of land southeast of Garrison, Montana. The State condemned 77.3 acres of defendants’ land for the purpose of constructing a section of Interstate 90, and an interchange for the community of Garrison; another 1.6 acres of defendants’ land were condemned for construction permits. Defendants operate a trailer park-campground on the property.

Defendants valued the property at $300,000 prior to the taking. Their estimate of the fair market value of the land taken [482]*482and the depreciation to the remaining land was $200,000. Enclosed in this later figure is $24,000 due to depreciation by reason of impairment of access. The State made a motion in limine asking to restrict testimony on impairment of access which the State claimed was merely a euphemism for diversion of traffic caused by the change of traffic flow and not compensable. The motion in limine was denied by the district court. Defendants then presented testimony regarding value and depreciation caused by impairment of access.

Defendants’ original tract is irregularly shaped. The southern boundary is a railroad right-of-way which follows the flow of the Clark Fork River in a gradual northerly curve along the more erratic path of the river. The northern boundary follows the survey line in a descending stair step pattern using the sides of a quarter section as the width and height of the steps. The descending stair step pattern and the railroad right-of-way intersect forming the eastern boundary of defendants’ land. The northward sloping curve of the railroad right-of-way and the “top step” are connected by a short straight line to form the western boundary of the tract.

The parcel of land condemned for the right-of-way has the shape of a “Y” lying on its side. The tail of the “Y” shaped highway right-of-way begins at the eastern boundary of defendants’ land and follows the railroad right-of-way for about a third of the length of defendkants’ land. At that point it departs sloping upward until it very nearly bisects the defendants’ land by its path. At a point about two-thirds of the way through defendants’ tract, the highway right-of-way splits and forms the arms of the “Y”. The northern arm is a westbound exit into Garrison and the southern arm is an Interstate right-of-way which continues parallel to the railroad right-of-way bisecting defendants’ land.

A reproduction of the ownership sketch of the take is included here to illustrate the description of the tract.

[483]*483

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Related

County of McCone Ex Rel. Town of Circle-County v. James
646 P.2d 1209 (Montana Supreme Court, 1982)
STATE, DEPT. OF HIGHWAYS v. Schumacher
590 P.2d 1110 (Montana Supreme Court, 1979)

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Bluebook (online)
565 P.2d 303, 172 Mont. 480, 1977 Mont. LEXIS 769, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-department-of-highways-v-lahman-mont-1977.