Tilley v. State ex rel. Department of Transportation & Development

MARVIN, Judge.

The State DOTD appeals a judgment awarding $32,524 to a landowner whose property was found to have been appropriated in small part by the widening or increasing the “flare” of the intersection of State Hwy. 542 with U.S. Hwy. 167.

The state reurges its exceptions of prescription and no right of action and further contends that evidence of severance damage should not have been allowed over its objection because such damages were not prayed for. The award included $20,000 for severance damage, $12,500 for loss of rental income from the store on the property, and $24 for the…