City of McAlester v. Delciello

BERRY, Justice.

Plaintiff in error, hereinafter called the “City”, has appealed from a judgment for defendants for damages to real property, resulting from the taking of a part of defendants’ property by condemnation.

The City is a municipal corporation authorized to condemn and take private property for public purposes. On July 8, 1963, the City passed and adopted a resolution declaring that public necessity required condemnation of a fee simple title and abut-ter’s right of access to the property, described by metes and bounds, owned by defendants. The property sought to be condemned was to…