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STATE, DEPT. OF TRANSP. & DEV. v. EVERETT

No. 45,337-CA.

47 So.3d 631 (2010)

STATE of Louisiana, DEPARTMENT OF TRANSPORTATION & DEVELOPMENT, Plaintiff-Appellant v. Willis Aldon EVERETT, et ux, Defendant-Appellee.

Court of Appeal of Louisiana, Second Circuit.

Rehearing Denied September 16, 2010.

Attorney(s) appearing for the Case

Bernard L. Knobloch, Jr. , Baton Rouge, LA, for Appellant.

Bobby L. Culpepper , Jonesboro, LA, for Appellee.

Before BROWN, WILLIAMS, PEATROSS, DREW and LOLLEY, JJ.

WILLIAMS, J.

The petitioner, State Department of Transportation and Development ("DOTD"), appeals a judgment awarding Willis Everett and Helen Everett severance damages of $100,601 and attorney fees of $21,150.25. For the following reasons, we amend and affirm as amended.

FACTS

In July 2002, DOTD filed a petition to expropriate in full ownership a parcel of land containing 1.78 acres in Lincoln Parish, owned...

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