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STATE v. WALKER

No. 6081.

301 P.2d 317 (1956)

61 N.M. 374

STATE ex rel. STATE HIGHWAY COMMISSION of New Mexico, Plaintiff-Appellant, v. E.S. WALKER, Commissioner of Public Lands of the State of New Mexico, Defendant-Appellee.

Supreme Court of New Mexico.

September 4, 1956.

Attorney(s) appearing for the Case

John T. Watson, Santa Fe, for appellant.

Richard H. Robinson, Atty. Gen., Santiago E. Campos, Asst. Atty. Gen., Wm. O. Jordan, Sp. Asst. Atty. Gen., for appellee.

McGHEE, Justice.

The questions we will decide on this appeal are:

1. Must the respondent, the Commissioner of Public Lands of New Mexico, charge the State of New Mexico payment for rights-of-way or easements for state highways across lands which were granted and confirmed to the State of New Mexico in trust for various state institutions and agencies by the Enabling Act when New Mexico was admitted to statehood, Act of June 20, 1910, 36 Stat. 557; and, if...

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