State ex rel. Department of Highways v. Hayward

On Application for Rehearing.

This application for rehearing is based principally upon the contention that the decision of this Court does violence to the ruling of the courts in State through Department of Highways v. Ponder, 140 So. 2d 426, and State of Louisiana through Dept, of Highways v. Glassell, 226 La. 988, 77 So.2d 881, wherein it was held that the proper measure of damages was the acreage value of the property taken rather than the value of the dirt or fill taken from a borrow pit. Both of these cases, however, may be distinguished from the instant case, because in both cases the…