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STATE, DEPARTMENT OF HIGHWAYS v. BLAIR

No. 4082.

273 So.2d 562 (1973)

STATE of Louisiana, Through the DEPARTMENT OF HIGHWAYS, Plaintiff-Appellant, v. Elbert Lee BLAIR et ux., Defendant-Appellee.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied March 7, 1973.

Writ Granted April 12, 1973.

Attorney(s) appearing for the Case

Jerry F. Davis, La. Dept. of Highways, Baton Rouge, for plaintiff-appellant.

Pharis & Pharis, by F. Jean Pharis, Alexandria, for defendant-appellee.

Before SAVOY, CULPEPPER and MILLER, JJ.

MILLER, Judge.

Plaintiff Highway Department expropriated 18,347.6 square feet from defendants Elbert Blair and his wife. Their 4.88 acre tract fronted 160 feet on Louisiana Highway 1 near Alexandria, and the taking was to an average depth of 119 feet. The taken tract was highway commercial property. The Blair home and extensive plantings used in Mr. Blair's landscape architect profession were partially located on the taken tract.

The property was expropriated...

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