Legal Opinion · Dissent

State v. Dunlap

Supreme Court of Alabama

Decided May 5, 1966No. 1 Div. 157Published

1DissentColeman, Justice

Condemnor appeals from a judgment awarding compensation to the landowner in the amount of $7,000.00.

The property is condemned for a limited access highway. The land condemned is part of a tract which contained 317 acres before the taking and 29S.11 acres after the taking.

The parties stipulated that the only question for consideration by the jury “would be the value of the part taken plus any damages to the remainder, or damage or enhancement brought on by the acquisition.”

Colonel Haas, witness for the owners, testified in part:

“ . . .1 say the before taking value is $32,000.00 or $100.00 an…

2Cases cited9 opinions

  1. Cobb v. MaloneSupreme Court of Alabama · 1890
  2. Mobile City Lines, Inc. v. ProctorSupreme Court of Alabama · 1961
  3. State Ex Rel. Kansas City Public Service Co. v. ShainSupreme Court of Missouri · 1942
  4. Travis v. HubbardSupreme Court of Alabama · 1958
  5. State v. PeinhardtSupreme Court of Alabama · 1960

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