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Hike v. Department of Roads

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Date: 
Thursday, February 6, 2014

S-12-1080, Leo W. Hike, Jr. and Joanna K. Hike (Appellants) v. State of Nebraska Department of Roads

Douglas County District Court--Judge William B. Zastera

Attorneys:   Jason M. Bruno, Robert S. Sherrets, Sherrets Bruno & Vogt, LLC (Appellants)

Jon Bundy, Martel J. Bundy, Attorney General (Appellee)

Civil:   Condemnation

Proceedings Below: The Nebraska Department of Roads (NDOR) used condemnation proceedings to take property belonging to Leo W. Hike, Jr., and Joanna K. Hike (Hikes). A jury entered an award of $53,881 for the Hikes. They appeal.

Issues: The district court erred in (1) allowing NDOR to offer evidence of its intent to take the Hikes’ property a decade before the filing of the condemnation petition; (2) failing to instruct the jury that NDOR’s intent could not be considered in determining fair market value; (3) allowing evidence and argument intended to diminish the taking; (4) failing to instruct the jury that the elimination of the Hikes’ easement and access were compensable; (5) refusing to strike the testimony of NDOR’s appraiser; (6) not allowing NDOR’s staff appraiser to testify; (7) refusing to allow the Hikes to offer evidence of structural damage that diminished the fair market value of their property; (8) failing to grant a mistrial; and (9) refusing to grant the Hikes’ motion for new trial.

 

 

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