STATE EX REL. HERMAN v. SOUTHERN PACIFIC CO.

No. 1 CA-CIV 690.

8 Ariz. App. 238 (1968)

445 P.2d 186

STATE of Arizona ex rel. Justin HERMAN, Director, Arizona Highway Department, Appellant, v. SOUTHERN PACIFIC COMPANY, Appellee.

Court of Appeals of Arizona.

Rehearing Denied October 11, 1968.

Review Denied December 3, 1968.


Attorney(s) appearing for the Case

Gary K. Nelson, Atty. Gen., Darrell F. Smith, Former Atty. Gen., by Stanley Z. Goodfarb, Sp. Asst. Atty. Gen., for appellant.

Lawrence L. Howe, San Francisco, Cal., Evans, Kitchel & Jenckes, by Ralph J. Lester, Phoenix, for appellee.


DONOFRIO, Judge.

This is an appeal by the State of Arizona from a judgment in favor of Southern Pacific Company in the sum of $21,000 on an action by the State to condemn the right of access to a public highway.

On October 28, 1964 the State of Arizona filed an action in Yuma County to control the access of 6.3 miles of the Southern Pacific Company's right-of-way. Prior to the condemnation action Southern Pacific had been able to gain access to their railroad...

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