State Highway Department v. Moore

Felton, Chief Judge.

In this condemnation case the only question to be decided is whether the court erred in charging the jury that “In estimating the value of land taken for public purposes, it is not restricted to its agricultural or productive qualities, but inquiry may be made as to all other legitimate purposes to which the property could be appropriated,” on the ground that there was no evidence showing the adaptability of the land for any purpose other than agricultural. We think that the exception to the charge is meritorious and that the court erred in giving in charge the foregoing…