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STATE HIGHWAY COMMISSION v. MADSEN

No. 9963.

119 N.W.2d 924 (1963)

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. Donald C. MADSEN et al. Defendants and Appellants.

Supreme Court of South Dakota.

February 26, 1963.

Attorney(s) appearing for the Case

Bangs, McCullen, Butler & Foye, and H. F. Fellows, Rapid City, for defendants and appellants.

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

RENTTO, Judge.

This case was instituted by the State Highway Commission to acquire by condemnation through the power of eminent domain a one-half mile strip of land containing 21.45 acres, across the property of Donald C. Madsen in Pennington County for the construction of a part of the National System of Interstate and Defense Highways. The jury fixed the compensation to be paid him at $6,250 for which judgment was entered. He moved for a new trial on the grounds...

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