Gianni

This is an action in eminent domain. The state seeks to take a small portion of appellant's land. The area of the portion sought is .21 of an acre. This small portion forms a part of a larger tract owned by appellant and of a total area of approximately sixty-three acres. Judgment and final order of condemnation was entered and the value of the property taken was fixed at $10.50 and the court found and decreed that the damage accruing to the balance of the land by reason of the portion taken was and is the sum of no dollars. The appeal is prosecuted by defendant Gianni.

Neither the regularity of the proceeding nor the authority for its institution is questioned. No complaint is made concerning the value of the land taken. The sole point of the appeal is on the question of damage resulting to the remaining portion.

There is little dispute on the facts. As stated, appellant is the owner of a sixty-three acre tract. This tract had a highway frontage of some nineteen hundred feet and on the frontage had been maintained certain business establishments. This frontage on a main highway gave to the entire area a market value which otherwise it would not have. The plaintiff state, acting…