State v. Willey

WILSON, Justice.

In this jury condemnation action the State took 3.221 acres from appellees’ 104 acre tract.

The State complains of the definition of “market value” given in the charge as the price which the property would bring when it is offered for sale by one who desires, but is not obliged to sell, and is bought by one who is under no necessity of buying it, “taking into consideration all of the uses to which it is reasonably adaptable and for which it either is or in all reasonable probability will become available within the reasonable future.” The objection is that the quoted wording is…