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DEPARTMENT OF HIGHWAYS v. KELLEY

No. 20237.

379 P.2d 386 (1963)

DEPARTMENT OF HIGHWAYS, State of Colorado, Plaintiff in Error, v. Andrew D. KELLEY, Minnie Kelley, and Frank K. Southworth, as Treasurer of the City and County of Denver, Defendants in Error.

Supreme Court of Colorado. En Banc.

March 4, 1963.

Attorney(s) appearing for the Case

Duke Dunbar, Atty. Gen., John P. Holloway, Chief Highway Counsel, Joseph M. Montano, Asst. Atty. Gen., Denver, for plaintiff in error.

Morris Rifkin, Denver, for defendants in error.

PRINGLE, Justice.

Plaintiff in error Department of Highways filed a petition in condemnation in the trial court for the purpose of acquiring for a highway right-of-way a portion of land belonging to the defendants in error Kelley.

No jury trial was requested by the landowners and the court appointed a commission of freeholders, as provided by law, to determine the compensation to be paid the landowners for the land actually taken and for damages to the residue...

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