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SIMMONS v. STATE EX REL. SMITH

503 S.W.2d 103 (1973)

Noah H. SIMMONS et ux., Petitioners, v. STATE of Tennessee ex rel. Robert F. SMITH, Commissioner, Department of Highways, State of Tennessee, Respondent.

Supreme Court of Tennessee.

December 3, 1973.

Attorney(s) appearing for the Case

Edwin H. Arnold, Loudon, Charles T. Eblen, Lenoir City, Ben Simpson, Loudon, for petitioners.

David M. Pack, Atty. Gen., Russell G. Lazenby, Jr., Asst. Atty. Gen., Nashville, Erma G. Greenwood, Knoxville, for respondent.

OPINION

FONES, Justice.

This is a condemnation case in which the jury returned a verdict of $500 per acre for 51.26 acres taken by the State for expressway purposes, which was part of the landowners' 159.25 acre dairy farm. The jury awarded $40,000 for incidental damages, offset by $20,000 incidental benefits.

The landowners' motion for new trial was overruled and they appealed, asserting that the amount awarded for the land and improvements was...

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