Property owners challenged compensation awarded for portions of land condemned as part of highway construction project. The Circuit Court awarded $73,868.84 in damages. City appealed.
The Court of Appeals held that:
- Trees on condemned property acted as a living fence, whose removal caused compensable damage to property not taken;
- Evidence supported finding that $41,226.25 was the value of loss following removal of living fence;
- Market value of property was for the trial court as the finder of fact;
- Property owner was qualified to render an opinion regarding value of her property; and
- Evidence supported trial court’s finding regarding just compensation for city’s temporary-construction easements.