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495 So. 2d 1121

Weldon v. State

Supreme Court of Alabama

Decided September 19, 1986

Supreme Court of Alabama · decided 1986-09-19

Cited by 2 later decisions — most recently October 2002

2 state decisions

Key passage — most relied on by later courts

“"The rule of compensation in a condemnation proceeding in this State where only a part of a tract is taken is that the owner is entitled to the difference between the value of the entire tract immediately before the taking and the value of the part remaining after the taking, giving effect to any enhancement in value to the part remaining *Page 849 in case the condemnation was for a public highway."”

quoted by 1 later decision, including 692 So. 2d 845 - Brothers v. Holloway

Relies on Campbell v. United States · 408 So. 2d 491 - McArdle v. STATE, ETC.

Good law ✅— No negative treatment on recordhow we know

Decided 1986-09-19

View the full empirical analysis of this case →

BEATTY, Justice

¶1(concurring specially):

¶2I concur specially in the majority’s decision only to underscore and make clear the purpose for which the offered evidence regarding the center-pivot irrigation system may be admitted: The possibility of the use of the center-pivot irrigation system on the five lots together may be used to show that the value of Lot B, immediately prior to the taking, was enhanced. However, this evidence should not be admitted for the purpose of showing that the value of that part of Lot B which remained after the taking was diminished because it can no longer be used with the center-pivot system. See Campbell v. United States, 266 U.S. 368, 45 S.Ct. 115, 69 L.Ed. 328 (1924). The owner of Lot B is entitled only to the difference between the value of the lot immediately before the taking and the value of the part remaining after the taking. McArdle v. State, 408 So.2d 491 (Ala.1981). It is the land’s value because of its possible use with the center-pivot system that may be determined. The owner may not show the value of the land with the center-pivot system installed. I believe that is the point the Court of Civil Appeals was trying to make.

¶3MADDOX, J., concurs.

/495/so2d/1121 · .json · Public domain