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STATE HIGHWAY COMM'N v. BARE

No. 10408.

377 P.2d 357 (1962)

141 Mont. 288

The STATE of Montana, State Highway Commission of the State of Montana, and Harry L. Burns, L.V. Swanson, Otis S. Waters, S.N. Halvorson and Roy L. Sorrells, as Members of and Constituting the State Highway Commission of the State of Montana, Plaintiffs and Appellants, v. Tam BARE and Louise Bare, Husband and Wife, and Donald Bare, a Single Man, Defendants and Respondents.

Supreme Court of Montana.

Decided December 28, 1962.

Attorney(s) appearing for the Case

Forrest H. Anderson, Atty. Gen., Daniel J. Sullivan (argued orally), Helena, for appellants.

Jack D. Shanstrom, David B. Fitzgerald (argued orally), Livingston, for respondents.

CASTLES Justice.

This is an appeal from a judgment entered on a jury verdict in a condemnation action brought by the State, appellant here, to acquire Interstate Highway right-of-way. The defendants, respondents here, are the owners and operators of a 280 acre dairy farm in Park County.

Complaint seeking condemnation was filed. Necessity for the taking was found by the district court, and commissioners to appraise the property were appointed. The commissioners...

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