Cole Investment Co., a Corporation v. United States

After a jury verdict, appellant Cole Investment Co. was awarded a judgment of $15,000 as just compensation in a condemnation action brought by the United States for the taking of 100 acres of desert land known as Tract K-1528. The Court below found that appellant suffered no severance damage by the taking of Tract K-1528, and rejected the offer of proof in respect to severance damages made orally to the Court during the trial.

Appellant appeals from the judgment only on the ground that severance damages were not allowed and on the ground that the Court rejected appellant’s offer of proof with respect to severance damages. The facts show that the tract taken, known as K-1528 and consisting of 100 acres of desert land, was bounded on the west by Lone Butte Road. This road was described at the time of the trial as a 20-foot trail or easement that runs along the western border of Tract K-1528. Lone Butte Road separates Tract K-1528 from another 20-acre tract of land owned by the appellants, known as the “Bandy headquarters.”

At the trial appellant contended that it was entitled in addition to the damages awarded for the taking of Tract K-1528, to severance damages by reason of…