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IN RE APPROPRIATION OF EASEMENT FOR HIGHWAY PURPOSES

No. 2725.

118 Ohio App. 435 (1963)

IN RE APPROPRIATION OF EASEMENT FOR HIGHWAY PURPOSES OVER PROPERTY OF SMITH ET AL.

Court of Appeals of Ohio, Montgomery County.

Decided April 24, 1963.

Attorney(s) appearing for the Case

Mr. William B. Saxbe, attorney general, Mr. Terrence M. Scherrer and Mr. Thomas F. Folino, for Department of Highways.

Messrs. Baggott & Johnston and Messrs. Baver & Doan, for appellant Ida V. Smith.

CRAWFORD, J.

Appellant, Ida V. Smith, owner of real property, appeals from an order of the Common Pleas Court overruling her motion for distribution to her of the entire amount of $11,000 remaining in the deposit by the Director of Highways, and agreed upon as the value of property taken for highway purposes.

Appellant has been the lessee under a purported 99-year lease, renewable forever, of certain canal lands...

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