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STATE EX REL. STATE PUBLIC WORKS BOARD v. WHITLOW

Docket No. 11131.

243 Cal.App.2d 490 (1966)

52 Cal. Rptr. 336

STATE OF CALIFORNIA ex rel. STATE PUBLIC WORKS BOARD, Plaintiff and Respondent, v. JESSE B. WHITLOW et al., Defendants and Appellants.

Court of Appeals of California, Third District.

July 14, 1966.

Attorney(s) appearing for the Case

McPherson, Mulkey & Aisthorpe and Robert W. Aisthorpe for Defendants and Appellants.

Thomas C. Lynch, Attorney General, Williard A. Shank, Assistant Attorney General, William T. Chidlaw, William Mayhew and Robert E. Capron, Deputy Attorneys General, for Plaintiff and Respondent.

PIERCE, P.J.

Included in 82 and a fraction acres of defendants' (Whitlows') lands condemned by the state were 37.55 acres already under lease to the state. The jury found the fair market value of all land taken to be $67,110 with no severance damages to adjoining land not taken; it also found $12,034 as the value of the leasehold interests already owned by the state, leaving a net recoverable sum of $55,076. The Whitlows' appeal raises this contention: Nothing should...

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