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DeWITT AND REARICK, INC. v. STATE

No. 6421.

531 S.W.2d 862 (1975)

DeWITT AND REARICK, INC., Trustee, Appellant, v. The STATE of Texas, Appellee.

Court of Civil Appeals of Texas, El Paso.

Rehearing Denied December 31, 1975.

Attorney(s) appearing for the Case

Peticolas, Luscombe, Stephens & Windle, John B. Luscombe, Jr., Harry Lee Hudspeth, El Paso, for appellant.

John L. Hill, Atty. Gen. of Texas, C. W. Pearcy, Watson C. Arnold, Asst. Attys., Gen., David M. Kendall, First Asst. Atty. Gen., Austin, for appellee.

OPINION

WARD, Justice.

This is a condemnation partial taking case where claim for severance damages to the remainder was waived. The condemnation action was by the State of Texas, and it sought 3.423 acres of land for what was to become the Border Highway. The one issue submitted to the jury inquired as to the market value of the land condemned. The jury determined this to be $17,115 or $5,000 an acre. The landowner, being dissatisfied with the jury finding...

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