State v. Payton

COLEMAN, Justice.

This is an appeal by the State from a judgment of the circuit court awarding compensation to the appellees for a right *51of way which the State seeks to acquire, by condemnation, over and across a strip of land owned by appellees in Chilton County.

The first insistence of appellant is that the court erred in instructing the jury that the State would be authorized to fence the right of way sought to be acquired in this proceeding. The remaining land of defendants abuts on that right of way.

The condemned strip is twenty feet wide and 387 feet long, being about one-fifth of an…