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STATE, DEPARTMENT OF HIGHWAYS v. MERTENS

No. 4050.

273 So.2d 555 (1973)

STATE of Louisiana, Through the DEPARTMENT OF HIGHWAYS, Plaintiff and Appellant, v. Ralph I. MERTENS, Defendant and Appellee.

Court of Appeal of Louisiana, Third Circuit.

January 29, 1973.

Attorney(s) appearing for the Case

Jerry F. Davis, La. Dept. of Highways, Baton Rouge, Edward A. Kaplan, Alexandria, for plaintiff and appellant.

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

Before SAVOY, CULPEPPER and MILLER, JJ.

CULPEPPER, Judge.

Under the statutory provisions for expropriation by a declaration of taking, LSA-R.S. 48:441 et seq., the State took a strip of land across the front of defendant's property to widen an existing highway. Plaintiff deposited $26,681 as its estimate of just compensation. The defendant answered seeking an increase to the sum of $40,461. The district judge awarded a total of $39,829.33, including the amount of the deposit. Plaintiff appealed.

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