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STATE HIGHWAY COMMISSION v. LACEY

No. 9930.

113 N.W.2d 50 (1962)

The STATE HIGHWAY COMMISSION of The State of South Dakota, on behalf of and in the name of the STATE of South Dakota, Plaintiff and Respondent, v. Ed H. LACEY, Defendant and Appellant.

Supreme Court of South Dakota.

Rehearing Denied April 17, 1962.

Attorney(s) appearing for the Case

Lacey & Parliman, Sioux Falls, for defendant and appellant.

A. C. Miller, Atty. Gen., John B. Wehde, Highway Asst. Atty. Gen., for plaintiff and respondent.

BIEGELMEIER, Judge.

This is a landowner's appeal from a jury's award of $7,500 in a condemnation action.

The tract contained 17.31 acres of which the state took 11.65 acres, leaving the balance of 5.66 acres adjoining a section line but without access to presently graded road. Defendant complains of one instruction given and one refused by the trial court. The instruction given was:

"Evidence has been introduced...

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