STATE, DEPT. OF HYS. v. WILLIAM T. BURTON INDUS., INC.

No. 2563.

219 So.2d 837 (1969)

STATE of Louisiana, Through the DEPARTMENT OF HIGHWAYS, Plaintiff-Appellant, v. WILLIAM T. BURTON INDUSTRIES, INC., Defendant-Appellee.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied March 26, 1969.


Attorney(s) appearing for the Case

D. Ross Banister, Glenn S. Darsey, Marshall W. Wroten, Johnie E. Branch, Jr., by Johnie E. Branch, Jr., Baton Rouge, for plaintiff-appellant.

Camp, Carmouche, Palmer, Carwile & Barsh, by Edward M. Carmouche and Jules E. Guglielmo, Lake Charles, for defendant-appellee.

Before TATE, FRUGE, and MILLER, Judges.


TATE, Judge.

The plaintiff highway department expropriated approximately 101 acres from a 275-acre tract owned by the defendant ("Burton"). The District Court awarded $114,000 for the land taken, plus $40,500 for the severance damages sustained by the remainder (less, of course, the amount deposited by the plaintiff Department at the time of the initial taking).

Issues of Appeal

The Department appeals, contending that excessive amounts were...

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