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BORCHELT v. WENTZ

No. 8041.

123 N.W.2d 831 (1963)

Charles A. BORCHELT and Norma Borchelt, Appellants, v. A. W. WENTZ, State Highway Commissioner in and for the State of North Dakota, Respondent.

Supreme Court of North Dakota.

Rehearing Denied October 10, 1963.

Attorney(s) appearing for the Case

Floyd B. Sperry and J. A. Hyland, Bismarck, for appellants on appeal only.

Leslie R. Burgum, Atty. Gen., Vernon R. Pedersen, Asst. Atty. Gen., and Jon R. Kerian, Sp. Asst. Atty. Gen., Bismarck, for respondent.

MORRIS, Chief Justice.

Section 14 of the North Dakota Constitution, as amended on June 26, 1956 (Session Laws N.D.1957, Chapter 397), in part provides:

"* * * that when the state or any of its departments, agencies or political subdivisions seeks to acquire right of way, it may take possession upon making an offer to purchase and by depositing the amount of such offer with the clerk of the district court of the county wherein the right of way is located....

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