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STATE THROUGH DEPT. OF HIGHWAYS v. SMITH

No. 11582.

353 So.2d 322 (1977)

STATE of Louisiana Through the DEPARTMENT OF HIGHWAYS v. J. Walter SMITH.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied December 28, 1977.

Writ Granted February 10, 1978.

Attorney(s) appearing for the Case

Johnie E. Branch, Jr., Bryan Miller, Baton Rouge, for plaintiff Louisiana Dept. of Highways.

Joseph H. Simpson, Amite, for defendant J. Walter Smith.

Before LANDRY, SARTAIN and ELLIS, JJ.

ELLIS, Judge.

This is an expropriation case in which the State of Louisiana, through the Department of Highways, has taken 17.518 acres in full ownership, and drainage servitudes totalling 1.214 acres from an 85.682 acre tract of land belonging to J. Walter Smith. At the time of the taking, on May 17, 1965, the State deposited the sum of $3,125.00 as compensation, including $2,843.00 for the parcel taken and $282.00 as severance damages.

The original tract...

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