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HIGHWAY COM. v. HURLIMAN

230 Or. 98 (1962)

368 P.2d 724

STATE HIGHWAY COMMISSION v. HURLIMAN ET UX

Supreme Court of Oregon.

Affirmed February 7, 1962.

Attorney(s) appearing for the Case

George P. Winslow, Tillamook, argued the cause for appellants. On the brief were Winslow & Winslow, Tillamook.

J. Robert Patterson, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were Robert Y. Thornton, Attorney General, and L.I. Lindas, Assistant Attorney General, Salem.

Before McALLISTER, Chief Justice, and ROSSMAN, PERRY, GOODWIN and LUSK, Justices.

AFFIRMED.

ROSSMAN, J.

This is an appeal by the defendants who are husband and wife from a judgment entered by the circuit court in an eminent domain proceeding instituted by the state acting through its Highway Commission to condemn for highway purposes approximately 2.3 acres of the defendants' dairy farm. The jury found that the value of the land taken together with damages to the remainder was $5,000. The complaint...

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