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STATE v. MYERS

No. 7222.

383 P.2d 274 (1963)

72 N.M. 319

STATE of New Mexico ex rel. STATE HIGHWAY COMMISSION of New Mexico, Petitioner-Appellee, v. Helen Jane MYERS, and all unknown persons claiming any right, title, interest or easement in and to any of the real estate hereinafter described, Defendant-Appellant.

Supreme Court of New Mexico.

June 24, 1963.

Attorney(s) appearing for the Case

Robert S. Skinner, Raton, for appellant.

Earl E. Hartley, Atty. Gen., Joseph L. Droege and Oliver G. Ricketson, III, Sp. Asst. Attys. Gen., Sante Fe, for appellee.

NOBLE, Justice.

Helen Jane Myers was the owner of a number of lots abutting on public streets and alleys in Raton, New Mexico, which were condemned by the highway commission for a non-access bypass highway through the city. A part of the property taken consisted of defendant's naked title to lands underlying an easement for public travel within the streets and alleys. She has appealed from the condemnation judgment denying compensation for the taking of such underlying...

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