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STATE HIGHWAY COMMISSION v. HAYES ESTATE

No. 10197.

140 N.W.2d 680 (1966)

The STATE HIGHWAY COMMISSION of the State of South Dakota, on Behalf of and in the name of the State of South Dakota, Plaintiff and Appellant, v. John J. HAYES ESTATE, Candace Hayes, Administratrix of Estate of John J. Hayes, Candace Hayes, Monte D. Schell, Charlene L. Schell, and the Equitable Life Assurance Society of the United States, Defendants and Respondents.

Supreme Court of South Dakota.

March 3, 1966.

Attorney(s) appearing for the Case

Frank L. Farrar, Atty. Gen., John B. Wehde, Carl W. Quist, Asst. Attys. Gen., Pierre, for plaintiff and appellant.

Hanley, Costello & Porter, Rapid City, for defendants and respondents.

HOMEYER, Judge.

This is an eminent domain proceeding by which the State Highway Commission of the State of South Dakota, hereinafter referred to as the State, has condemned certain land owned by Candace Hayes and her daughter, Charlene L. Schell, hereinafter referred to as the Hayes estate, as a part of the construction of Interstate 90 between Rapid City and Wall, South Dakota. A jury awarded the Hayes estate the sum of $69,337.00 for the property taken and damaged...

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