STATE HIGHWAY COMM'R v. HESSELL

Docket No. 735.

5 Mich. App. 559 (1967)

147 N.W.2d 464

STATE HIGHWAY COMMISSIONER v. HESSELL.

Michigan Court of Appeals.

Decided January 10, 1967.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and Louis J. Caruso and David P. Van Note, Assistant Attorneys General, for plaintiff.

George F. Roberts, for defendants.


McGREGOR, J.

The agreed statement of facts shows that the Michigan State highway department by condemnation proceedings, on October 17, 1961, acquired title in fee simple to 39.5 acres of land owned by Walter and Irene Hessell. The condemned tract was part of a larger tract of approximately 260 acres owned by appellees, and was adjacent to an interstate highway right-of-way. The land was condemned for "borrow-earth" purposes for its mineral content of sand, gravel...

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