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IN RE APPROPRIATION FOR HWY. PURPOSES OF LAND OF O'DONNELL

No. 69-88.

20 Ohio St. 2d 43 (1969)

IN RE APPROPRIATION FOR HWY. PURPOSES OF LAND OF O'DONNELL ET AL.

Supreme Court of Ohio.

Decided November 12, 1969.

Attorney(s) appearing for the Case

Messrs. Dolle, O'Donnell, Cash, Fee & Hahn and Mr. Jacob K. Stein, for appellants, Nellie R. O'Donnell and James B. O'Donnell, Jr.

Mr. Paul W. Brown, attorney general, Mr. Harry R. Paulino and Mr. Fred G. Reiners, for appellee, Director of Highways.

Per Curiam.

Appellants were entitled to have the trial court instruct the jury in accordance with the principle enunciated in paragraph three of the syllabus of Sowers v. Schaeffer (1951), 155 Ohio St. 454, which provides:

"The rule of valuation in a land appropriation proceeding is not what the property is worth for any particular use but what it is worth generally for any and all uses for which...

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