Southern Furniture Mfg. Co. v. Mobile County

LIVINGSTON, Chief Justice.

This is a condemnation proceeding instituted by Mobile County to acquire the right to deposit fill material or spoilage excavated from a new highway on two parcels of land of the defendants. Title to the areas was to remain in the defendants and be free of the easement within two years of the date of the taking. The right to condemn was stipulated by the parties and the only question before the courts below was the amount of damages, if any. In late 1940 and early 1950, plans were discussed for a belt-line highway around Mobile. Surveys were made in 1953 and 1954,…