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STATE, DEPARTMENT OF HIGHWAYS v. HOYT

No. 4039.

272 So.2d 768 (1972)

STATE of Louisiana, Through the DEPARTMENT OF HIGHWAYS, Plaintiff-Appellee, v. James P. HOYT, Jr., et al., Defendants-Appellants.

Court of Appeal of Louisiana, Third Circuit.

Concurring and Dissenting Opinion Filed January 24, 1973.

Rehearing Denied February 1, 1973.

Writ Granted March 15, 1973.

Attorney(s) appearing for the Case

Pharis & Pharis by F. Jean Pharis, Alexandria, for defendants-appellants.

Golden Mills, Johnie E. Branch, Jr., Jerry F. Davis by Jerry F. Davis, Baton Rouge, Edward Kaplan, Alexandria, for plaintiff-appellee.

Before SAVOY, HOOD and DOMENGEAUX, JJ.

HOOD, Judge.

This is an expropriation suit instituted under LSA-R.S. 48:441-460 by the State of Louisiana, through the Department of Highways, against Mr. and Mrs. James P. Hoyt, Jr. Plaintiff deposited $46,200.00 as its estimate of just compensation. The deposit was intended to include $13,200.00 as the value of the land, and $33,000.00 as the value of the improvements taken. Defendants answered, alleging that the land and improvements taken were worth substantially...

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