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STATE HIGHWAY COMMISSION v. DANIELSEN

No. 10987.

409 P.2d 443 (1965)

The State of Montana, Acting by and Through the STATE HIGHWAY COMMISSION of The State of Montana, Plaintiff and Appellant, v. James V. DANIELSEN and Jean H. Danielsen, Husband and Wife, Viggo Danielsen Estate, Lillian Palmer Danielsen, Administratrix et al., Defendants and Respondents.

Supreme Court of Montana.

Decided December 31, 1965.

Attorney(s) appearing for the Case

Harry C. Alley (argued), Helena, for appellant.

Harry L. Burns (argued), Burns & Thomas, Chinook, for respondents.

DOYLE, Justice.

This is an action in eminent domain filed in the fifteenth judicial district, Roosevelt County. The plaintiff-appellant is the Montana State Highway Commission. Defendants are owners of property sought to be condemned for purposes of constructing a new highway between the towns of Poplar and Brockton.

The background of the case is as follows:

There is currently a highway between Poplar and Brockton which has been in existence for twenty...

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