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STATE, DEPARTMENT OF HIGHWAYS v. CROSBY

No. 584.

410 P.2d 724 (1966)

STATE of Alaska, DEPARTMENT OF HIGHWAYS, Appellant, v. Warren CROSBY and Kathryn Crosby, Appellees.

Supreme Court of Alaska.

February 3, 1966.

Attorney(s) appearing for the Case

Warren C. Clover, Atty. Gen., Juneau, Mary Frank LaFollette and Donald E. Strouse, Asst. Attys. Gen., Anchorage, for appellant.

M. Ashley Dickerson, Anchorage, for appellees.

Before NESBETT, C.J., and DIMOND and RABINOWITZ, JJ.

DIMOND, Justice.

The appellees own real property which their grantor obtained by patent from the United States. The patent provided that the grant of the property was subject to

[T]he reservation of a right-of-way for roads, roadways, highways, tramways, trails, bridges, and appurtenant structures constructed or to be constructed by or under authority of the United States or by any State created out of the Territory of Alaska, in accordance with the act of...

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