State ex rel. Department of Highways v. Lutcher & Moore Cypress Lumber Co.

I cannot agree with the results reached in the majority opinion and I delineate the reasons for my disagreement.

The first major issue is the evaluation of the property taken at $500.00 per acre. As I appreciate the testimony of the various appraisers, when you take away from the appraisal the valuation based upon the possibility of clay mining, the highest appraisal of the land per acre amounts to $150.00, and I cannot see that the testimony of any appraiser would justify the valuation of the property as it now stands. Nevertheless, even considering those appraisals, I think it somewhat…