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STATE HIGHWAY COMMISSION v. CHAPMAN

No. 11511.

446 P.2d 709 (1968)

the State of Montana, Acting By and Through the STATE HIGHWAY COMMISSION of the State of Montana, Plaintiff and Appellant, v. James CHAPMAN et al., Defendants and Respondents.

Supreme Court of Montana.

Decided November 1, 1968.

Rehearing Denied November 20, 1968.

Attorney(s) appearing for the Case

Harwood, Galles & Gunderson, Dale F. Galles (argued), Billings, for respondents.

K.M. Bridenstine (argued), Helena, for appellant.

JOHN C. HARRISON, Justice.

The appellant State Highway Commission brings this appeal from a preliminary order of condemnation by the district court of the thirteenth judicial district limiting the amount of property sought to be appropriated by the State.

The real issue raised is whether under section 32-3905, R.C.M. 1947, the Highway Commission can acquire entire parcels or is it restricted to that which is "public use". The question before us is one of first...

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