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COM'R OF DEPT. OF TRANSP. v. BEN LOMAND TEL

617 S.W.2d 146 (1981)

COMMISSIONER OF the DEPARTMENT OF TRANSPORTATION OF the STATE OF TENNESSEE, Plaintiff-Appellant, v. BEN LOMAND TELEPHONE CO-OP, INC., and United States of America, Acting Through Rural Electrification Administration, Defendants-Appellees.

Court of Appeals of Tennessee, Middle Section.

March 4, 1981.

Attorney(s) appearing for the Case

B.G. Marks, Thomas J. Miner, McMinnville, Robert J. Ames, Asst. Atty. Gen., Nashville, for plaintiff-appellant; William M. Leech, Jr., Atty. Gen., Nashville, of counsel.

James W. Dempster, R.E. Bonner, Jr., McMinnville, for defendants-appellees.

OPINION

CANTRELL, Judge.

This is an appeal from a jury verdict in an eminent domain case where the State contests the right of the landowner to recover expenses for relocation of its telephone lines located on poles along a public sidewalk. The State also asserts that to allow an enhanced value for the property taken because it is frontage and then to allow incidental damages for the loss of frontage is a double assessment of damage.

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