STATE, DEPT. OF HIGHWAYS v. NISBET PROPERTIES, INC.

No. 12547.

309 So.2d 398 (1975)

STATE of Louisiana, Through the DEPARTMENT OF HIGHWAYS, Plaintiff-Appellant, v. NISBET PROPERTIES, INC., et al., Defendants-Appellees.

Court of Appeal of Louisiana, Second Circuit.

Rehearing Denied April 1, 1975.


Attorney(s) appearing for the Case

D. Ross Banister, William W. Irwin, Jr., Johnie E. Branch, Jr., and Jerry F. Davis, by Jerry F. Davis, Baton Rouge, for plaintiff-appellant.

Tucker, Martin, Holder, Jeter & Jackson, by T. Haller Jackson, Jr., Shreveport, for defendants-appellees.

Before BOLIN, HALL and DENNIS, JJ.


En Banc. Rehearing Denied April 1, 1975.

HALL, Judge.

The issue presented by the appeal in this expropriation suit involving a partial taking is whether the defendant owner is entitled to severance damages, and, if so, how much. The district court awarded $22,492 for severance damages and the State appealed. We amend the judgment to reduce the amount awarded from $22,492 to $12,500.

On the date of taking, May 8, 1970, defendant, Nisbet Properties,...

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