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STATE, DEPARTMENT OF HIGHWAYS v. SMITH

No. 3929.

272 So.2d 746 (1972)

STATE of Louisiana, Through the DEPARTMENT OF HIGHWAYS, Plaintiff-Appellant, v. John L. SMITH et ux., Defendants-Appellees.

Court of Appeal of Louisiana, Third Circuit.

September 19, 1972.

Attorney(s) appearing for the Case

Johnie E. Branch, Jr., Baton Rouge, for plaintiff-appellant.

William E. Skye, Edward E. Roberts, Jr., Alexandria, for defendants-appellees.

Before FRUGE, HOOD and DOMENGEAUX, JJ.

DOMENGEAUX, Judge.

The plaintiff Highway Department expropriated 1.981 acres of defendants' 17.142 acre tract, taking all of their highway frontage along Louisiana Highway 1 to a depth of approximately 116.5 feet. The tract taken contained certain improvements, including a nightclub and a residence, stipulated by counsel to be worth $40,811.00.

Pursuant to court order, the plaintiff deposited the sum of $56,346.00 into the registry of court upon filing its...

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