Sanderson Farms, Inc. v. State Highway Commission, 48372
| Decision Date | 27 October 1975 |
| Docket Number | No. 48372,48372 |
| Citation | 324 So.2d 243 |
| Parties | SANDERSON FARMS, INC. v. STATE HIGHWAY COMMISSION. |
| Court | Mississippi Supreme Court |
Holifield & Harper, Laurel, for appellant.
Teller, Biedenharn & Rogers, Vicksburg, Carroll Kemp, Hazlehurst, for appellee.
Before RODGERS, SUGG and BROOM, JJ.
Sanderson Farms, Inc. was awarded $10,000 in a special court of eminent domain in Copiah County for 2.53 acres condemned by the Mississippi State Highway Commission in the relocation of Mississippi Highway No. 26. Sanderson assigns as error the failure of the Highway Commission to prove the value of the land under the 'before and after rule.'
The before and after rule has long been the formula by which damages are ascertained when part of a tract of land is taken for public use. In Mississippi State Highway Commission v. Hillman, 189 Miss. 850, 198 So. 565 (1970) it was expressed as follows:
When part of a larger tract of land is taken for public use, the owner should be awarded the difference between the fair market value of the whole tract immediately before the taking, and the fair market value of that remaining immediately after the taking, without considering general benefits or injuries resulting from the use to which the land taken is to be put, that are shared by the general public. (189 Miss. at 866, 198 So. at 569).
Hillman also held that the condemnor carries the burden of proving due compensation for land taken before the landowner is called on to introduce evidence.
The land condemned by the Highway Commission was zoned industrial and was part of a 61.53 acre tract owned by Sanderson and used in the operation of its poultry processing plant with related facilities situated thereon. Sanderson's main processing plant was located about five hundred feet north of the old Georgetown-Hazlehurst Road and will be approximately three hundred feet north of the right-of-way after relocation of Highway No. 28. Included in the part taken by the Highway Commission is fifteen thousand square feet of Sanderson's parking lot. The taking will necessitate relocation of the parking lot between the main plant and the highway right-of-way. Taking a portion of the parking lot affects the use and value of the remaining property, requiring an appraisal to be made in accordance with the before and after rule.
The Highway Commission introduced only one witness on the question of value and did not prove damages to...
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