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STATE, DEPARTMENT OF HIGHWAYS v. SMITH

No. 5289.

324 So.2d 852 (1975)

STATE of Louisiana, Through the DEPARTMENT OF HIGHWAYS, Plaintiff-Appellee, v. Jessie SMITH, Defendant-Appellant.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied January 28, 1976.

Attorney(s) appearing for the Case

Richard N. Ware, Natchitoches, for defendant-appellant.

Jack C. Fruge, Ville Platte, and D. Ross Banister, Wm. W. Irwin, Jr., Johnie E. Branch, Jr., Baton Rouge, for plaintiff-appellee.

Before MILLER, HUMPHRIES and PETERS, JJ.

HUMPHRIES, Judge.

This is an action by the State of Louisiana through the Department of Highways to expropriate a piece of property located in a rural section of Natchitoches Parish. This action is brought under the provisions of R.S. 48:441 et seq. Suit was filed on April 9, 1974. Trial was held on January 15, 1975. Judgment was rendered by the trial judge on March 13, 1975 and a formal judgment was signed on April 18, 1975.

The trial judge found that the...

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