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IN RE APPROPRIATION OF EASEMENTS FOR HIGHWAY PURPOSES

No. 35977.

170 Ohio St. 276 (1960)

IN RE APPROPRIATION OF EASEMENTS FOR HIGHWAY PURPOSES: THORMYER, ACTING DIRECTOR OF HIGHWAYS (NOBLE, DIRECTOR OF HIGHWAYS, SUBSTITUTED DEFENDANT), APPELLEE, v. IRVIN ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided January 27, 1960.

Attorney(s) appearing for the Case

Mr. Mark McElroy, attorney general, Mr. William E. Fowler, Jr., and Mr. Dwight E. Walter, for appellee.

Messrs. Meyer, Johnson & Kincaid, for appellants.

WEYGANDT, C. J.

Was the Court of Appeals in error in holding that the question of the necessity and the extent of the appropriation of land is not determinable in this proceeding in which the state and not a private corporation is exercising its power of eminent domain?

The owners of the land rely on the provisions of Section 19, Article I of the Constitution of Ohio, that "where private property shall be taken for public use, a...

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