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STATE v. LASSEN

No. 8620.

99 Ariz. 161 (1965)

407 P.2d 747

The STATE of Arizona ex rel. ARIZONA HIGHWAY DEPARTMENT, Petitioner, v. Obed M. LASSEN, Commissioner, State Land Department, Respondent.

Supreme Court of Arizona. En Banc.

Rehearing Denied December 14, 1965.

Attorney(s) appearing for the Case

Darrell F. Smith, Atty. Gen., Robert W. Pickrell, former Atty. Gen., Gary K. Nelson, Asst. Atty. Gen., for petitioner.

Dale R. Shumway, Sp. Asst. Atty. Gen., for respondent.

Rex E. Lee, Jennings, Strouss, Salmon & Trask, Phoenix, for Salt River Project Agri. Improvement Dist.

Rawlins, Ellis, Burrus & Kiewit, Phoenix, for Electrical Dists. Nos. 3 & 4, Pinal County.

A. Van Wagenen, Jr., Phoenix, for Electrical Dists. Nos. 2 & 5, Pinal County.

E. Leigh Larson, County Atty., Santa Cruz County, Westover, Copple, Keddie & Choules, Yuma, for Welton Mohawk Irrigation & Drainage Dist.

Richard J. Riley, County Atty. for Cochise County, amici curiae.

McFARLAND, Justice.

For over fifty years the state and county highway departments of Arizona have obtained rights of way and material sites without compensation over and on lands granted to the State of Arizona by the federal government pursuant to the Enabling Act of Arizona, June 20, 1910, c. 310, 36 U.S. Stat. 557, 568-579.

On December 14, 1964, the State Land Commissioner, hereinafter designated as Land Commissioner or respondent, after giving notice of...

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