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STATE EX REL. PRICE v. 2.7089 ACRES OF LAND, ETC.

256 A.2d 275 (1969)

The STATE of Delaware upon the relation of Henry T. PRICE, Lemuel H. Hickman, Thurman Adams, Jr., William G. Dorsey, William J. Francis, C. Wardon Gass, Frank H. Mackie, Jr., William R. Murray, George M. Nelson, Elmer Pratt, and Walter L. Wheatley, Constituting the State Highway Department of the State of Delaware, Plaintiff, v. 2.7089 ACRES OF LAND, be the same MORE OR LESS, Situate IN NORTH MURDERKILL HUNDRED, KENT COUNTY, and State of Delaware, and Ebe Stephen Townsend, Jr. and Rose Ann Townsend, his wife, Defendants.

Superior Court of Delaware, Kent.

June 27, 1969.

Attorney(s) appearing for the Case

Joshua M. Twilley, Dover, for plaintiff.

A. Richard Barros, Dover, for defendants.

OPINION

STOREY, Judge.

The question for determination is whether the testimony of the defendants' experts on the damages due defendants, for the taking by the State of 2.7089 acres of his 21 acre tract, is admissible, since the testimony was based on a stated number of subdivision lots and their expected purchase price and since there was no reasonable probability of subdivision.

At the outset, it should be noted that this is a partial taking case...

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