"The landowner who has a part of his tract taken has the burden of proving by competent evidence this relationship, that is, how the use of the land taken results in damage to the remainder."
How later courts described this case
- "The landowner who has a part of his tract taken has the burden of proving by competent evidence this relationship, that is, how the use of the land taken results in damage to the remainder."
Written by the judges who cited it.
The opinion
Judge HEDRICK,
concurring in the result.
I agree with the majority that the trial judge erred to the defendants’ prejudice by failing to instruct the jury in this case that the fact that the defendants have no direct access to the highway constructed on the property shall be considered in determining the fair market value of the remaining property immediately after the *271 taking. In my opinion, however, defendants have failed to show prejudicial error in the trial judge’s rulings described in the majority opinion.