Legal Opinion

0. 24148. 0.23831 & 0.12277 Acres of Land in Christina Hundred v. State Ex Rel. Gordon Smith

Supreme Court of Delaware

Decided September 30, 1958No. 13, 1958PublishedCited by 4 opinions

1Opinion of the Court

Wolcott, J.:

This is an appeal from a judgment of the Superior Court granting immediate possession of land sought to be condemned to the State Highway Department, and ordering a hearing to fix just compensation. The landowners appeal.

The action was commenced by the filing of a complaint as required by 10 Del. C. § 6102. By 10 Del. C. § 6107 the owner of the property is required by way of answer to raise any defense or objection to the taking which shall be disposed of by the court prior to a trial of the issue of just compensation.

Accordingly, the owners filed their answer interposing the…

2Cases cited4 opinions

  1. State v. 0.62033 Acres of Land in Christiana HundredSuperior Court of Delaware · 1954
  2. State v. 0.62033 Acres of Land in Christiana HundredSupreme Court of Delaware · 1955
  3. Jones v. MustardSuperior Court of Delaware · 1954
  4. 0.106 of an Acre of Land in Brandywine Hundred v. State ex rel. SmithSupreme Court of Delaware · 1957

3Cited by4 opinions

  1. Tehan v. United States ex rel. ShottSupreme Court of the United States · 1966
  2. Cannon v. StateSupreme Court of Delaware · 2002
  3. State v. 0.24148, 0.23831 AND 0.12277 ACRES OF LANDSupreme Court of Delaware · 1961
  4. Cannon v. StateSupreme Court of Delaware · 2002

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