State ex rel. Department of Highways v. Salter
Also decided on this docket: La. Ct. App. 4th Cir., April 8, 1982 413 So. 2d 257
State ex rel. Department of Highways v. Salter, 332 So. 2d 308 (La. Ct. App. 1st Cir. 1976).
Cited by
- Tilley v. State ex rel. Department of Transportation & Development 430 So. 2d 145 La. Ct. App. 2d Cir. 1983
- United Pentecostal Church v. Interstate Surplus 368 So. 2d 1104 La. Ct. App. 2d Cir. 1979
- Peevy v. State, Department of Highways 340 So. 2d 642 La. Ct. App. 1st Cir. 1976
- State ex rel. Department of Highways v. Salter 334 So. 2d 217 La. 1976
Opinion text
ON APPLICATION FOR REHEARING PER CURIAM. It has been pointed out to the court, in application for rehearing, that in reducing the award for severance damage we indicated that we were reducing the award because any diminution in value of the property occupied by the lessee-filling station operator would not be suffered by lessor for the duration of the lease. Our opinion was perhaps couched in misleading language. What we intended to say was that the diminution in the size of the tract and the reduced access did not destroy the value of the tract as commercial property. We concluded the limited access would cause only a slight diminution in market value as of the date of trial. Rehearing denied.