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CITY OF ROCKWALL v. MITCHELL

No. 5254.

497 S.W.2d 378 (1973)

CITY OF ROCKWALL, Appellant, v. Owen Lee MITCHELL et ux., Appellees.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied July 26, 1973.

Attorney(s) appearing for the Case

Saner, Jack, Sallinger & Nichols, Dallas, for appellant.

Robert K. Ramsey and Thomas H. Arnold, Terrell, for appellees.

OPINION

McDONALD, Chief Justice.

This is a condemnation case wherein the City of Rockwall condemned an easement for a 10 inch sewer main across an approximately 5 acre tract of unimproved land owned by defendants. Such easement is 10 feet wide, extends 360.3 feet across the 5 acre tract near its center, and contains.084 acres.

Trial was to a jury which found:

1) The reasonable market value of the land taken across defendants' property before...

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