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STATE v. LAVASEK

No. 7057.

385 P.2d 361 (1963)

73 N.M. 33

STATE of New Mexico, ex rel. STATE HIGHWAY COMMISSION of New Mexico, Petitioner-Appellant, v. Ai Lavasek, Sr., Melvina Lavasek, William Lavasek and Irene Lavasek, Defendants-Appellees.

Supreme Court of New Mexico.

Rehearing Denied October 14, 1963.

Attorney(s) appearing for the Case

Earl E. Hartley, Atty. Gen., Hadley Kelsey, Joseph L. Droege, John C. Worden and M.J. Underwood, Sp. Asst. Attys. Gen., Santa Fe, for appellant.

Denny & Glascock, Lowell E. McKim, Gallup, for appellees.

NOBLE, Justice.

In 1956, the State Highway Commission, appellant, determined by resolution to improve U.S. Highway 66, east of Gallup, New Mexico, by reconstruction, making it a four-lane, controlled-access highway; to acquire necessary additional right-of-way; and access rights of abutting landowners on conventional U.S. 66 to the controlled-access highway. Eminent domain proceedings were commenced September 20, 1956 to acquire an additional 100 feet of right-of...

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