City of North Liberty, Iowa v. Gary Weinman, 16-1576

The City of North Liberty condemned a 0.75-acre permanent easement and a 1.1-acre temporary construction easement across Gary Weinman’s 70.55-acre property to install sewer lines for a new high school.
A compensation commission awarded Weinman $75,000; the city appealed and Weinman requested a de novo jury trial in district court.
At trial the sole contested issue was amount of just compensation, measured as the difference in fair market value of the whole property before and after the taking.
The city’s certified appraiser, Dennis Cronk, testified (without objection) that the before/after difference was $25,000 based on four comparables and explained the proper measure is whole-property before/after value.
Weinman’s lay witness (broker/developer) testified the easement affected a larger portion of the property and suggested a greater loss; cross-examination of Cronk produced a hypothetical yielding a larger figure, but Cronk rejected that method.
The jury returned a $25,000 verdict; Weinman appealed solely arguing lack of substantial evidence to support the award.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether substantial evidence supported the jury’s $25,000 damages award for partial taking	City: Cronk’s appraisal provided substantial evidence of the before/after whole-property diminution of $25,000	Weinman: Evidence (broker testimony and hypotheticals) supported a materially higher damage figure and the jury should have awarded more	The court affirmed: substantial evidence supported the $25,000 award and the verdict was not wholly unfair or unreasonable

Comes v. City of Atlantic, 601 N.W.2d 93 (Iowa 1999) (explains eminent domain and public-use/compensation principles)
Wilkes v. Iowa State Highway Comm’n, 172 N.W.2d 790 (Iowa 1969) (appeal from condemnation commission is tried de novo)
Townsend v. Mid-Am. Pipeline Co., 168 N.W.2d 30 (Iowa 1969) (measure of damages for partial takings is whole-property before/after value)
Beeman v. Manville Corp. Asbestos Disease Comp. Fund, 496 N.W.2d 247 (Iowa 1993) (appellate deference where jury verdict is supported by substantial evidence)
Sunrise Developing Co. v. Iowa Dep’t of Transp., 511 N.W.2d 641 (Iowa Ct. App. 1993) (condemnation damages are peculiarly within factfinder’s province)
Kautman v. Mar-Mac Cmty. Sch. Dist., 255 N.W.2d 146 (Iowa 1977) (jury may accept portions of competing expert opinions)
Meier v. Senecaut, 641 N.W.2d 532 (Iowa 2002) (limits on relying upon evidence not admitted at trial)