Legal Opinion
9.88 Acres of Land v. State Ex Rel. State Highway Department
Supreme Court of Delaware
Decided January 26, 1971PublishedCited by 8 opinions
1Opinion of the Court
HERRMANN, Justice.
This appeal raises the question of the constitutionality of the portion of our Condemnation Statute, 10 Del.C. § 6111, that provides:
“ * * * Fees of counsel or of experts retained by any party may not be taxed as costs under any circumstances upon any of the parties or considered in determining the issue of just compensation.”
I
The State Highway Department instituted these condemnation proceedings for the taking of a certain tract of land. The highest offer made by the Department was $136,500.; the award by the Commission was $265,000.
The owner petitioned the Superior Court…
2Cases cited10 opinions
- Dohany v. RogersSupreme Court of the United States · 1930
- Leadville Water Co. v. Parkville Water DistrictSupreme Court of Colorado · 1967
- State v. 0.0673 ACRES OF LAND, ETC.Supreme Court of Delaware · 1966
- United States v. Certain Parcels of Land in PhiladelphiaCourt of Appeals for the Third Circuit · 1942
- Wilmington Housing Authority v. HarrisSuperior Court of Delaware · 1952
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- State, by Atty. Gen. v. Pioneer Mill Co.Hawaii Supreme Court · 1981
- State v. DavisHawaii Supreme Court · 1972
- State Ex Rel. Spannaus v. CarterSupreme Court of Minnesota · 1974
- Manchester Housing Authority v. BelcourtSupreme Court of New Hampshire · 1971
- Solko v. State Roads Commission of State Highway AdministrationCourt of Special Appeals of Maryland · 1990
3 more not listed; retrieve them via the Exa API.