McArdle v. STATE, ETC.

This is a condemnation case in which the value of certain property and the house thereon is disputed. The landowner appeals, claiming error by the trial court in submitting certain evidence to the jury. We reverse.

Christopher McArdle, appellant herein, owned a tract of land containing approximately 3.7 acres together with his home located thereon. A large portion of this property was condemned and taken in 1967 by the Alabama State Docks Department (State Docks) for the purpose of widening the public canal of Deer River. In the 1967 condemnation, a small portion of McArdle's dwelling house,…