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STATE, DEPARTMENT OF HIGHWAYS v. LANDRY

No. 1331.

171 So.2d 779 (1965)

STATE of Louisiana, through the DEPARTMENT OF HIGHWAYS, Plaintiff-Appellant, v. P. Dewey LANDRY et al., Defendants-Appellees.

Court of Appeal of Louisiana. Third Circuit.

Rehearing Denied March 3, 1965.

Writ Refused April 15, 1965.

Attorney(s) appearing for the Case

Jesse S. Moore, Jr., D. Ross Banister, Glenn S. Darsey, W. Crosby Pegues, Jr., by Jesse S. Moore, Jr., Baton Rouge, for plaintiff-appellant.

Landry, Watkins, Cousin & Bonin, by Jack J. Cousin, New Iberia, for defendant-appellee.

Before TATE, FRUGÉ, and CULPEPPER, JJ.

TATE, Judge.

The plaintiff Highway Department expropriated 1.3 acres of highway frontage from the defendant landowners' 25-acre tract. The portion taken was commercial frontage, with a market value at the time of taking of about forty thousand dollars if the portion had been sold in commercial lots with a depth of 150 feet. The trial court awarded the landowners this value for the property taken. The Department appeals.

The sole issue on appeal is whether...

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