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STATE v. ENSLEY ET AL.

No. 29,760.

240 Ind. 472 (1960)

164 N.E.2d 342

STATE OF INDIANA v. ENSLEY ET AL.

Supreme Court of Indiana.

Rehearing denied April 28, 1960.

Attorney(s) appearing for the Case

Edwin K. Steers, Attorney General, and Richard M. Givan, Assistant Attorney General, for appellants.

Frederick J. Capp, Robert A. Claycombe, and Claycombe & Claycombe, all of Indianapolis, for appellees.

BOBBITT, J.

This action was instituted by the State of Indiana under the Eminent Domain Act of 1905,1 to condemn and appropriate a strip of land varying in width from 20 feet at the north end to 40 feet in the center, then reducing in width to 25 feet at the south end, which is the southeast corner of the property, being a total appropriation of approximately 7/10s of an acre.

The land taken is off the entire east side of certain...

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