Date: 10-15-1997

Case Style: The State of Idaho, Department of Transportation ex rel, Plaintiffs, v. Mark and Marjory Haugebak, Defendants

Case Number: CV OC 9504625D1

Judge: Unknown

Court: Fourth Judicial District, Ada County, Idaho

Plaintiff's Attorney: Richard H. Greener and Fredric V. Shoemaker of Cosho, Humphrey, Greener & Welsh, Boise, Idaho

Defendant's Attorney: Steven M. Parry and Mary York, Idaho Department of Transportation, Boise, Idaho

Description: This is a condemnation case. Defendants owned and operated a 46 acre open pit gravel mine which the new Highway 55 bisected and took 5.75 acres. The State initially offered $135,000 and just prior to the trial increased the offer to $565,000. The State urged that the property was not special purpose and therefore, the impact to the ongoing operations should not be considered; the Defendants contended that it was special purpose property and that bisecting the gravel mine substantially impaired the ongoing operations far beyond the value of the physical take itself. Secondly, the State contended that there was little value attributable to the sand remaining in the mine, whereas the Defendants argued that there was a substantial and growing market for both gravel and sand. Thirdly, the parties disputed the adverse impact of the new highway on its potential value as a residential subdivision following reclamation of the gravel mine.

Outcome: The jury awarded $2.675 million.

Plaintiff's Experts: Ed Morse, MAI; Kleinfelder Engineers; Geodessey

Defendant's Experts: Arthur J. Berry, appraiser; Craig Van Engelen, area Realtor; Chris Korte, land use planner; and Glennda McLucas, geologist.

Comments: Defendants thereafter were awarded their attorneys fees and costs