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IN RE APPROPRIATION FOR HIGHWAY PURPOSES

No. 39655.

5 Ohio St. 2d 254 (1966)

IN RE APPROPRIATION FOR HIGHWAY PURPOSES: MASHETER, DIRECTOR OF HIGHWAYS, APPELLEE, v. JUNK ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided March 23, 1966.

Attorney(s) appearing for the Case

Mr. William B. Saxbe, attorney general, Mr. I. Charles Rhoads and Mr. Harry R. Paulino, for appellee.

Mr. Robert E. Wright, for appellants.

ZIMMERMAN, J.

Pursuant to Section 5519.01, Revised Code, the director in November 1962 entered on his journal that it was necessary to appropriate certain land of Loutie Junk and other owners in Madison County for the construction of a highway. Subsequent to the preliminary steps incident to a proceeding to appropriate land for highway purposes, the director on January 2, 1963, instituted an action in the Court of Common Pleas of Madison County to appropriate in fee...

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