
    HIGHWAY COMMISSION v. LUKAZCEK
    Eminent Domain — Minerals—Borrow—Measure of Damage.
    The measure of damages in condemnation of minerals for borrow purposes is the value of minerals in place plus damages to the remainder, and not the difference in value of the land before and after the talcing.
    Reference for Points in Headnote
    27 Am Jur 2d, Eminent Domain § 290.
    Appeal from Branch, Mark S. Andrews, J.
    Submitted Division 3 March 7, 1969, at Grand Rapids.
    (Docket No. 3,664.)
    Decided March 27, 1969.
    Complaint by Michigan State Highway Commission against Andrew Lukazcek and Adah M. Lukazcek and others for condemnation of private property for highway purposes. From a judgment confirming the report of the commissioners defendants Lukazcek appeal.
    Reversed and remanded for new trial.
    
      Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and William H. Schivan, Assistant Attorney General, for plaintiff.
    
      Wilcox & Robison, for defendants.
    BEFORE: Quinn, P. J., and Holbrook and T. M. Burns, JJ.
   Per Curiam.

At the hearing to determine damages in this condemnation proceeding filed under CL 1948, §213.171 (Stat Ann 1958 Rev §8.171), the trial conrt instructed the jury on the before- and-after test and on value of minerals taken plus damages to the remainder.

This trial occurred before the Supreme Court affirmed State Highway Commission v. Hahn (1966), 4 Mich App 225, in 380 Mich 115. It is established that the measure of damages in condemnation for borrow purpose is the value of minerals in place plus damages to the remainder.

Reversed and remanded for new trial but without costs.  