STATE, DEPARTMENT OF HIGHWAYS v. BERNARD

No. 4012.

271 So.2d 303 (1972)

STATE of Louisiana, Through the DEPARTMENT OF HIGHWAYS, Plaintiff and Appellant, v. Hugh E. BERNARD, Defendant and Appellee.

Court of Appeal of Louisiana, Third Circuit.

Rehearings Denied January 24, 1973.


Attorney(s) appearing for the Case

Jerry F. Davis, Baton Rouge, for plaintiff-appellant.

Gahagan & Kelly by Russell E. Gahagan, Natchitoches, for defendant-appellee.

Before SAVOY, CULPEPPER and DOMENGEAUX, JJ.


CULPEPPER, Judge.

Under the "Quick Taking Statute", LSA-R.S. 48:441, et seq., the State expropriated a strip of defendant's land. It fronts on Louisiana Highway 1 about one mile South of the city limits of Natchitoches. At the time of the taking, the State deposited $3,446 representing the value of the land and improvements taken. Defendant answered, claiming a total of $40,461.05, including the deposit, for the land and improvements taken, and severance damages....

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