The opinion
Hammond, J.,
dissenting:
I think that Judge Roney correctly interpreted the statute and that the landowner’s constitutional right not to have his property taken without payment of fair compensation is fully guarded by the provisions of the statute that make both the agent of the State and the State liable in damages (to be set judicially) for destruction of or damage to any real or personal property of the owner. I would affirm. Judge Smith concurs.