STATE, DEPARTMENT OF HIGHWAYS v. SPERA

No. 3971.

272 So.2d 765 (1972)

STATE of Louisiana, Through the DEPARTMENT OF HIGHWAYS, Plaintiff-Appellant, v. Roy SPERA, Defendant-Appellee-Appellant.

Court of Appeal of Louisiana, Third Circuit.

September 19, 1972.


Attorney(s) appearing for the Case

Johnie E. Branch, Jr., and Jerry F. Davis, Baton Rouge, Edward Kaplan, Alexandria, for plaintiff-appellant.

James C. Downs, Alexandria, for defendant-appellee.

Before FRUGE, MILLER and DOMENGEAUX, JJ.


MILLER, Judge.

Plaintiff Highway Department expropriated 0.388 of an acre from defendant Roy Spera's 2.959 acre tract, taking highway frontage near Alexandria along Louisiana Highway 1 to a depth of approximately 116 feet. The taken tract was commercial property and the improvements thereon were used as a retail package liquor store.

The property was expropriated under the provisions of LSA-R.S. 48:441-460, on December 14, 1970 when plaintiff deposited $12...

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