Legal Opinion · Dissent

State ex rel. State Highway Commission v. Brock

New Mexico Supreme Court

Decided October 21, 1968No. 8094Published

1Dissent

OMAN, Judge,

Court of Appeals (dissenting) .

I concur in the reasons stated by Justice Moise in support of his dissent. I do, however, wish to add the following thereto in support of my dissent from the majority opinion.

The majority announce, and correctly so, that1 this court is committed to the “before and after rule” as the proper measure of damages, but then conclude their opinion by stating that: “no testimony concerning compensable elements of damage has been pointed out to us except the value of the land taken. The damages recoverable herein may, accordingly, not exceed the value of the…

2Cases cited5 opinions

  1. State Ex Rel. State Highway Commission v. Atchison, Topeka & Santa Fe Railway Co.New Mexico Supreme Court · 1966
  2. Sanchez v. Board of County CommissionersNew Mexico Supreme Court · 1957
  3. American Telephone & Tel. Co. of Wyo. v. WalkerNew Mexico Supreme Court · 1967
  4. Board of Trustees v. B. J. Service, Inc.New Mexico Supreme Court · 1965
  5. Board of Trustees of Town of Farmington v. SpencerNew Mexico Supreme Court · 1965

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