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STATE v. BOARD OF COUNTY COM'RS OF DONA ANA COUNTY

No. 7196.

380 P.2d 830 (1963)

72 N.M. 86

STATE of New Mexico, ex rel. STATE HIGHWAY COMMISSION of New Mexico, T. B. White, Chief Highway Engineer, Petitioner-Appellant, v. BOARD OF COUNTY COMMISSIONERS OF DONA ANA COUNTY, and the City of Las Cruces, a municipal corporation, Defendants-Appellees.

Supreme Court of New Mexico.

April 15, 1963.

Attorney(s) appearing for the Case

Joseph L. Droege, John C. Worden, M. J. Underwood, Special Asst. Attys. Gen., Santa Fe, for appellant.

Earl E. Hartley, Atty. Gen., Shirley C. Zabel, Asst. Atty. Gen., Santa Fe, for appellees.

Rodey, Dickason, Sloan, Akin & Robb, John P. Eastham, Albuquerque, amicus curiae.

MOISE, Justice.

This appeal presents for determination the question of whether or not the State Highway Commission, hereinafter referred to as "Commission" must pay compensation to Dona Ana County, hereinafter referred to as "County" for property of the County taken by the Commission for highway purposes. It reaches us by appeal from a judgment in favor of the County in a declaratory judgment proceeding filed by the Commission.

The property being taken is...

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