State v. Heal

Justice ABBOTT not sitting.

The motions for rehearing are overruled. Our opinion of November 2, 1995, is withdrawn and the following is substituted in its place.

This is a condemnation case. The issue presented is whether the Heals are entitled to severance damages for the diminution in the value of the remainder of their property resulting from the widening of Southwestern Boulevard in conjunction with the North Central Expressway expansion project in the City of Dallas. Because the Heals are precluded from recovering compensation for any diminution not directly related to the taking of their…