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S.C. STATE HIGHWAY DEPT. v. CONDER CO.

19802

262 S.C. 318 (1974)

204 S.E.2d 381

SOUTH CAROLINA STATE HIGHWAY DEPARTMENT, Respondent, v. The J.W. CONDER COMPANY, Appellant.

Supreme Court of South Carolina.

April 9, 1974.

Attorney(s) appearing for the Case

Messrs. Thomas E. McCutchen and R. Davis Howser, of Whaley, McCutchen, Blanton & Dent, Columbia, for Appellant.

Messrs. Daniel R. McLeod, Atty. Gen., William F. Austin, Timothy G. Quinn, John B. Grimball and Donald W. Myers, Asst. Attys. Gen., of Columbia, for Respondent.

April 9, 1974.

BRAILSFORD, Justice:

The South Carolina Highway Department has condemned 15.73 acres of a 73-acre tract of land of The J.W. Conder Company for highway purposes. The board of condemnation awarded compensation of $29,350.00, and the landowner demanded a jury trial by appealing pursuant to Section 33-139, Code of 1962. The trial de novo in the circuit court resulted in a verdict of "no dollars,...

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