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STATE THROUGH DEPT. OF HIGHWAYS v. HAYWARD

No. 13033.

338 So.2d 1171 (1976)

STATE of Louisiana, Through DEPARTMENT OF HIGHWAYS, Plaintiff-Appellant, v. Mrs. Annie B. HAYWARD et al., Defendants-Appellees.

Court of Appeal of Louisiana, Second Circuit.

November 1, 1976.

Attorney(s) appearing for the Case

William W. Irwin, Jr., Jerry F. Davis, Johnie E. Branch, Jr., Alva J. Jones, Bryan Miller by Bryan Miller, Baton Rouge, for plaintiff-appellant.

Cooper, Anding & Loftin by George K. Anding, Jr., Cotton & Bolton by W. D. Cotton, Rayville, for defendants-appellees.

Before BOLIN, MARVIN and JONES, JJ.

BOLIN, Judge.

Under the authority of the "quick taking" statute (La.R.S. 48:441 et seq.), the Department of Highways expropriated a portion of property owned by Annie B. Hayward and others. M. W. McKinney was the lessee of a service station located on the land taken. The parties were unable to agree on the amount due for the expropriated property and the case was tried in the district court, limited to the question of the...

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