State Highway Department v. England

Bell, Presiding Judge.

1. In the trial of an appeal from an award in condemnation proceedings to acquire a part of condemnee’s tract of land as a right of way for highway purposes, the court instructed the jury: “Now, I charge you, that in estimating the value of the land being taken for public use, it is not restricted to the condition it was in, or the use to which it was applied at the time of the taking, but all of the capabilities of the property and all of the uses to which it may be legitimately applied, or for which it is adequate, are to be considered, if shown by the evidence, and…