STATE THROUGH DEPT. OF HIGHWAYS v. SHUFF

No. 5421.

332 So.2d 529 (1976)

STATE of Louisiana Through the DEPARTMENT OF HIGHWAYS, Plaintiff-Appellant, v. Willis SHUFF, Defendant-Appellee.

Court of Appeal of Louisiana, Third Circuit.

May 26, 1976.


Attorney(s) appearing for the Case

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

Tate & Tate by Donald J. Tate, Mamou, Joseph E. Coreil, Ville Platte, for defendant-appellee.

Before HOOD, GUIDRY and PETERS, JJ.


PETERS, Judge ad hoc.

This is an expropriation suit involving a partial taking for highway purposes. The issue presented on appeal is whether the lower court correctly used the capitalization of income approach to determine market value.

Before the taking, defendant's property was rectangular with 107 feet of frontage on Highway 104 and a depth of 260 feet. The property is about one mile east of the Town of Mamou. Defendant owned and operated a country store...

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