State Highway Department v. Hollywood Baptist Church

Franicum, Judge.

The first special ground complains of the following portion of the charge: “While market value is the general yardstick in a condemnation proceeding, there may be circumstances in which market value and actual value are not the same, and, in such event, the jury may consider the actual value of the property therein appropriated in determining just and adequate compensation. In determining just and adequate compensation, under the constitutional provision, market value and actual value will ordinarily be synonymous. If they are not, that value which will give ‘ 'just and…