Appeal from the Circuit Court of Jefferson County; the Hon.
RANDALL S. QUINDRY, Judge, presiding. Judgment affirmed.
Rehearing denied December 28, 1967.
Petitioner, The Department of Public Works and Buildings, appeals from the judgment of the Circuit Court of Jefferson County entered upon a jury verdict in an action to condemn land for use in the construction of Interstate Route 57, north of Mt. Vernon.
The judgment awards petitioner fee simple title to a strip of land approximately 360 feet wide, 1,850 feet long, and containing 15.3 acres, except "all right, title or interest in and to the coal, oil, gas or other minerals underlying said tract, provided that such exception shall not be construed to grant, reserve or leave to the owners of said coal, oil, gas and other minerals the right of ingress and egress to the surface of said tract for the purpose of drilling for, mining, exploring for, producing or removing said coal, oil, gas and other minerals, or the right to otherwise break or disturb the surface of said tract"; . . . . As just compensation, the jury assessed the sum of $7,787.80.
The land condemned is part of a 55-acre tract owned by defendant, Daisy Diel, and leased for limestone quarry purposes to the defendants, Randall. After the taking, the remainder consists of two parcels, one containing 14.3 acres lying to the west, and the other 25.4 acres, lying to the east of the strip.
Access to Interstate Route 57 will be limited, and the only route between the two parcels remaining will be over a frontage road to an elevated township road which will cross Route 57 one-quarter mile north of the north boundary of the Diel tract.
In addition to the land taken in fee simple, petitioner sought, and the judgment grants, an easement over and upon 5.5 acres of the land on the east side, and 7.4 acres of the land on the west side of the strip, "for the right, privilege and easement to enter upon said tract for the purpose of performing roadway excavation and embankment construction, grading existing waste piles of overburden from quarry operations to provide a better profile for right of way fence, and for the purpose of straightening an existing stream channel, such easement rights to terminate upon completion of construction project on Federal Aid Interstate Route 57 across Tracts 136B and 136B-CE, or three years from July 1, 1966, whichever shall be sooner"; . . . .
As just compensation for the easement, the jury assessed the sum of $2,954.10.
A cross petition alleging damages to the land not taken was filed by the defendant, Diel; defendants Randall filed a separate cross petition, and upon demand of petitioner, filed a bill of particulars. The jury assessed damages to land not taken in the sum of $20,582.24.
The record shows that shortly after the action was filed, petitioner moved for, and the court ordered, immediate vesting of title. Prior to trial the parties stipulated that from the moneys awarded defendants, defendant, Diel, would receive an agreed sum and defendant, Diel, did not participate in the trial. Any reference hereafter to defendants, is to the defendants, Randall.
Petitioner contends that the trial court erred in admitting into evidence certain exhibits offered by defendants. Included in these exhibits, are drawings prepared by an engineer witness as overlays for an aerial photograph of the Diel tract and several adjacent parcels. They demonstrate the boundaries of the land owned by defendant, Diel, the proposed right of way, the construction easements, the location of defendants' scale and crusher, the boundaries of lands lying adjacent to the Diel tract and on which defendants hold mineral leases, the locations at which the witness made soil borings, and the cores procured in the borings.
The other exhibits complained of are mineral leases running to the defendants, as lessees, for the parcels contiguous to the Diel land.
It is defendants' theory that these exhibits are relevant and admissible to show that the Diel tract is part of an operating unit comprised of all of the lands under lease to defendants, and its fair cash market value is to be determined in its capacity of a part of the larger ...