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STATE v. SHANAHAN

No. 78-044.

118 N.H. 525 (1978)

THE STATE OF NEW HAMPSHIRE v. FRANCIS D. SHANAHAN & a.

Supreme Court of New Hampshire.

July 18, 1978.

Attorney(s) appearing for the Case

David H. Souter, attorney general (James E. Morris, assistant attorney general, orally), for the State.

Wadleigh, Starr, Peters, Dunn & Kohls, of Manchester (Eugene M. Van Loan III, orally), for the defendants.

BOIS, J.

In this condemnation proceeding the following question of law was transferred in advance of trial by the Superior Court (Flynn, J.):

Are the condemnees entitled to compensation not only for the land taken but also for the diminution, if any, in the market value of the [untaken] property caused by any impairment of access occasioned by the installation of curbing?

We rule that the condemnees...

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