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CITY OF RICHARDSON v. SMITH

No. 18040.

494 S.W.2d 933 (1973)

CITY OF RICHARDSON, Texas, Appellant, v. E. L. SMITH, Jr., Appellee.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied May 24, 1973.

Attorney(s) appearing for the Case

B. Robert Baker, Saner, Jack, Sallinger & Nichols, Dallas, John E. Gay, Boyd, Veigel & Gay, McKinney, for appellant.

Jerry P. Jones, Walter H. Mizell, Thompson, Knight, Simmons & Bullion, Dallas, for appellee.

GUITTARD, Justice.

In this condemnation suit involving a partial taking and no claim of damage to the remainder, the evidence shows that the part taken can best be used as a part of the whole and would be less valuable if used separately. Our question is whether in this situation the part taken must be valued as a separate tract or as part of the whole. We hold that it should be valued as part of the whole, but that the average value of the whole tract is not the...

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