See also Williams v. State, 622 S.W.2d 95 (Tex.Cr.App.); Young v. State, 621 S.W.2d 770; Rushing v. State, 621 S.W.2d 606 (Tex.Cr.App.). The State now urges this Court to overrule the Evans line of cases and although the Court of Appeals applied Evans in reversing the conviction, that case was criticized and we were invited to reexamine the requirements of a jury charge for the offense of aggravated robbery.
In addition, if the taking has adversely impacted the remainder of the property, a court may also award incidental damages. Shelby County v. Kingsway Greens of America, Inc., 706 S.W.2d 634, 638 (Tenn. Ct. App. 1985); Colonial Pipeline Co. v. Eatherly, 621 S.W.2d 770 (Tenn. Ct. App. 1981); 8 Tenn. Prac. Pattern Jury Instr. — Civil § 11.04 (2009). Incidental damages are measured by the difference in the remaining property's fair market value immediately before and immediately after the taking.
In addition, if the taking has adversely impacted the remainder of the property, a court may also award incidental damages. Shelby County v. Kingsway Greens of America, Inc., 706 S.W.2d 634, 638 (Tenn. Ct. App. 1985); Colonial Pipeline Co. v. Eatherly, 621 S.W.2d 770 (Tenn. Ct. App. 1981); 8 Tenn. Prac. Pattern Jury Instr. — Civil § 11.04 (2009). Incidental damages are measured by the difference in the remaining property's fair market value immediately before and immediately after the taking.
See Lillard v. Southern Ry. Co., 330 S.W.2d 335, 337 (Tenn. 1959); Colonial Pipeline Co. v. Eatherly, 621 S.W.2d 770, 773 (Tenn.Ct.App. 1981). All that Mills acquired was the right to use the property for the limited purpose of ingress to and egress from his landlocked property.