Chastain

The present controversy arises out of an eminent domain proceeding instituted by plaintiff by which it sought to condemn for freeway purposes certain lands owned by defendant Roger Jessup Farms. At the conclusion of the trial the jury returned a verdict in favor of Jessup in the sum of $15,640.80. Of that sum $6,510 represented the value of the land, and the remainder, $9,130.80, represented the severance damages. A judgment was entered in accordance therewith. Defendant then moved for a new trial which was *806 denied, and this appeal followed. Although S. B. Chastain was joined as a defendant in the original action, he is not a party to this appeal. The sole question presented concerns the issue of severance damages.

The record shows that defendant is the owner of approximately 2,800 acres of land in Madera and Merced Counties which is used unitarily for agricultural purposes. United States Highway 99 runs diagonally through the property in a northwesterly and southeasterly direction so that roughly 2.000 acres are situated on the west side of the highway and 800 acres on the east side. The land immediately between the 2.000 acres and the highway is subject to an easement to…