HOWE v. STATE HIGHWAY BOARD

No. 382.

187 A.2d 342 (1963)

Harry M. HOWE and Caroline A. Howe v. STATE HIGHWAY BOARD.

Supreme Court of Vermont. Chittenden.

January 2, 1963.


Attorney(s) appearing for the Case

Latham & Eastman and Robert P. Davison, Jr., Burlington, for plaintiff.

Richard M. Finn, Barre, for defendant.

Before HULBURD, C. J., and HOLDEN, SHANGRAW, BARNEY and SMITH, JJ.


HULBURD, Chief Justice.

In a land condemnation case, sometimes the taking results in adding value to the remaining property of the owner. If so, when does this reduce the damages he is entitled to recover for the land taken? The answer to the question is to be derived from a consideration of 19 V.S.A. § 221(2) as applied to a given situation. The statute referred to reads as follows: "* * * The added value, if any, to the remaining property or right therein,...

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