[DOWNLOAD] "State Missouri v. Mary Barron Et Al." by Supreme Court of Missouri * eBook PDF Kindle ePub Free

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eBook details

• Title: State Missouri v. Mary Barron Et Al.
• Author : Supreme Court of Missouri
• Release Date : January 14, 1966
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 64 KB

Description

State Highway Commission condemned a strip of land approximately 35 feet wide and 596 feet long out of the property of Manchester Shopping Center, Inc. located on the south side of Manchester Road in the City of Manchester in St. Louis County. This is an appeal from a judgment entered upon a jury verdict for $7,500 following a trial of the landowner's exceptions to the commissioners' award of $7,000. Landowner claimed damages in the amount of $60,000 and offered evidence in support thereof. The amount in dispute therefore exceeds $15,000. Accordingly, we have appellate jurisdiction. City of St. Louis v. Union Quarry & Construction Co., Mo. Sup., 394 S.W.2d 300; State ex rel. Kansas City Power & Light Co. v. Salmark Home Builders, Inc., Mo. Sup., 350 S.W.2d 771; Constitution, Art. V, § 3, V.A.M.R.; § 477.040, V.A.M.S. The condemned strip, approximately 20,000 square feet, was taken out of a tract of 10.8 acres purchased as raw land in October, 1959 for $88,241.78. The entire tract fronted 596 feet on Manchester Road and had a depth of 1,000 feet on the west and 500 feet on the east. A creek formed the rear boundary. The property was graded at considerable expense and a shopping center was built on the front part of the property in 1960. It consisted of two buildings containing 10 stores and a parking lot with spaces for 175 cars. The president of the corporation testified that the total cost of land and buildings was $420,183.19; that the cost of grading the 35-foot strip was $8.989.62, the cost of crushed rock put on the strip was $2,285 and the cost of a sign erected on the strip (removed by the taking) was $3,216.60; that taking the strip reduced the number of parking spaces in front of the buildings by 50 - from 175 to 125. Landowner's witnesses estimated the damages, including the value of the land taken, the reduction of the number of parking spaces and the change from a level entrance from Manchester Road to two abrupt, steep entrances, at from $60,000 to $65,425 on the basis of market value of the entire tract before and after the taking. The commission's witnesses placed the damages at from $5,500 to $6,700.

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