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STATE EX REL. SMITH v. OVERSTREET

533 S.W.2d 283 (1976)

STATE of Tennessee ex rel. Robert F. SMITH, Commissioner, Department of Transportation, Petitioner-Plaintiff, v. J.H. OVERSTREET, Respondent-Defendant.

Supreme Court of Tennessee.

February 2, 1976.

Attorney(s) appearing for the Case

R.A. Ashley, Jr., Atty. Gen., Russell G. Lazenby, Asst. Atty. Gen., Nashville, J.H. Reneau, III, Sp. Trial Counsel, Celina, for petitioner-plaintiff.

T. Eugene Jared, T. Michael O'Mara, Cookeville, for respondent-defendant.

OPINION

HARBISON, Justice.

This action was instituted as a condemnation proceeding for a highway project in Clay County, Tennessee, pursuant to T.C.A. §§ 23-1528 et seq. Some 350 acres of land fronting approximately one mile on the northerly side of the highway to be widened were involved in the condemnation proceedings, although the area actually taken was approximately 22.64 acres. Portions of the...

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