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CITY OF IRVING v. CASTER

No. 16599.

397 S.W.2d 952 (1965)

CITY OF IRVING, Texas, Appellant, v. Artie Lee CASTER et al., Appellees.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied December 24, 1965.

Attorney(s) appearing for the Case

C. J. Taylor, Jr., City Atty., and John F. Boyle, Jr., Asst. City Atty., Irving, for appellant.

McKool & McKool and Bill Jones, Dallas, for appellees.

BATEMAN, Justice.

Our former opinion is withdrawn and the following substituted therefor.

The City of Irving, Texas acquired by eminent domain proceedings an easement fifteen feet wide across appellees' 24-acre tract of land for water and sewer mains and other public purposes. The jury found in response to special issues that the reasonable market value of the strip in the "permanent" easement, considered as severed land, was: (1) immediately prior to the...

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