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STATE EX REL. COM'R v. WILLIAMS

828 S.W.2d 397 (1991)

STATE of Tennessee, ex rel. The COMMISSIONER OF the DEPARTMENT OF TRANSPORTATION, Petitioner-Appellant, v. Mariclare Crenshaw WILLIAMS and husband, James A. Williams; Mable Crenshaw Leath and husband, Leroy Leath; City of Gallatin, Tennessee; Sumner County, Tennessee, Defendants-Appellees.

Court of Appeals of Tennessee, Middle Section, at Nashville.

Permission to Appeal Denied January 6, 1992.

Attorney(s) appearing for the Case

Charles W. Burson, Atty. Gen. and Reporter and L. Vincent Williams, Asst. Atty. Gen., Nashville, for petitioner-appellant.

Nathan Harsh, Harsh, Kelly & Smith, Gallatin, for defendants-appellees.

Permission to Appeal Denied by Supreme Court January 6, 1992.

OPINION

FRANKS, Judge.

In this action the state, through its power of eminent domain, took .233 acres of plaintiffs' .7 acre unimproved tract of land in Sumner County to construct a road and deposited $78,600.00 with the court. In the resulting trial, the jury returned a verdict of $33,333.33 for the land taken and $63,333.34 for incidental damages to the remainder.

The state has...

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