State v. Turboff

PEDEN, Associate Justice.

Appellant brought this suit to condemn for highway purposes appellees’ tract on which two commercial buildings stood. The State’s appeal is based on its assertions that the trial court erred in giving Instruction No. 2 in the charge to the jury: “You are instructed that in valuing the land, you shall take into consideration permanent im provements, if any, in the land, insofar as such improvements add to or increase or enhance the value of the land as such.”

The sole issue submitted to the jury was: “What do you find from a preponderance of the evidence was the market…