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S.C. STATE HIGHWAY DEPT. v. CLARKSON

20247

267 S.C. 121 (1976)

226 S.E.2d 696

The SOUTH CAROLINA STATE HIGHWAY DEPARTMENT, Appellant, v. Mary Hamby CLARKSON, et al., Respondents.

Supreme Court of South Carolina.

June 22, 1976.

Attorney(s) appearing for the Case

Messrs. Daniel R. McLeod, Atty. Gen., A. Camden Lewis, and Donald v. Myers, Asst. Attys. Gen., and William F. Austin, of Columbia, for Appellant.

Messrs. N. Heyward Clarkson, Jr., Clarke W. McCants, Jr., and H. David Whitener, Jr., of Columbia, for Respondents.

Messrs. Daniel R. McLeod, Atty. Gen., A. Camden Lewis, Donald V. Myers, Asst. Attys. Gen., and William F. Austin, of Columbia, for Appellant, in Reply.

June 22, 1976.

LEWIS, Chief Justice:

This is an appeal from an order of the lower court granting a new trial upon the facts.

The South Carolina State Highway Department (appellant) instituted these proceedings to acquire 15.48 acres of land from a tract consisting of 34.72 acres, owned by respondents, for the construction of a portion of Interstate Highway 77 in Richland County. The Board of Condemnation made no award to respondents for the taking...

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