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STATE v. SILVA

No. 6958.

378 P.2d 595 (1962)

71 N.M. 350

STATE of New Mexico ex rel. STATE HIGHWAY COMMISSION of New Mexico, Plaintiff-Appellee, v. Paul A. SILVA and Gloria Q. Silva, Defendants-Appellants.

Supreme Court of New Mexico.

Rehearing Denied February 27, 1963.

Attorney(s) appearing for the Case

Phillips, Dolan & Clear, Albuquerque, for appellants.

Earl E. Hartley, Atty. Gen., M.W. Hamilton, Hadley Kelsey, Epifanio Garcia, Joseph L. Droege, John C. Worden, J.O. Walton, Sp. Assts. Atty. Gen., Santa Fe, for appellee.

NOBLE, Justice.

The action was in declaratory judgment to determine whether defendants suffered a compensable damage to their property by reason of a highway improvement.

It should be noted that none of defendants' property was appropriated, nor was there any change of grade on the road in front of their property.

U.S. 85, south of Belen, New Mexico, on which defendants' property abutted, was the principal...

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