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STATE HIGHWAY COM. v. BURK

200 Or. 211 (1954)

265 P.2d 783

STATE OF OREGON, by STATE HIGHWAY COMMISSION v. BURK ET AL.

Supreme Court of Oregon.

Modified and remanded January 13, 1954.

Attorney(s) appearing for the Case

George A. Rhoten, of Salem, argued the cause for appellants. With him on the brief were Rhoten, Rhoten & Speerstra, of Salem.

Ralph Wyckoff, Assistant Attorney General for Oregon, of Salem, argued the cause for the State Highway Commission, plaintiff-respondent. With him on the brief were George Neuner, former Attorney General for Oregon, C.W. Enfield, Assistant Attorney General and Chief Counsel for the Oregon State Highway Commission, Fred A. Miller, Assistant Attorney General for Oregon, and Robert L. May, Jr., Assistant Counsel for Oregon, all of Salem.

MODIFIED AND REMANDED.

BRAND, J.

This is a condemnation action brought by the State of Oregon by its Highway Commission against the owners and their lessees of land required for a non-access highway. The principal issues in the case are two. The first concerns the claim of the defendants that there should have been separate awards of damages to the owners of the land, on the one hand, and to the several lessees of portions of the same, on the

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