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9.88 ACRES OF LAND v. STATE

274 A.2d 139 (1971)

9.88 ACRES OF LAND, etc., Christiana Marine, Inc., a corporation of the State of Delaware; David Pyle Michener, III, and Unknown Owners, Defendants Below, Appellant, and Cross-Appellee, v. The STATE of Delaware, upon the relation of the STATE HIGHWAY DEPARTMENT, Plaintiff Below, Appellee, and Cross-Appellant.

Supreme Court of Delaware.

January 26, 1971.

Attorney(s) appearing for the Case

Donald W. Booker, of Booker, Leshem, Green, Shaffer & Berl, Wilmington, for defendant below, appellant, and cross-appellee.

Aubrey B. Lank, of Theisen, Lank & Kelleher, Wilmington, for plaintiff below, appellee, and cross-appellant.

Before WOLCOTT, C. J., and CAREY and HERRMANN, JJ., sitting.

HERRMANN, Justice.

This appeal raises the question of the constitutionality of the portion of our Condemnation Statute, 10 Del.C. § 6111, that provides:

"* * * Fees of counsel or of experts retained by any party may not be taxed as costs under any circumstances upon any of the parties or considered in determining the issue of just compensation."

I.

The State Highway Department instituted these condemnation proceedings for the taking...

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