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STATE, DEPARTMENT OF NATURAL RESOURCES v. COOPER

Nos. CC873, CC874.

162 S.E.2d 281 (1968)

STATE of West Virginia By DEPARTMENT OF NATURAL RESOURCES v. Bennett COOPER et al. STATE of West Virginia By DEPARTMENT OF NATURAL RESOURCES v. William D. HEITZ et al.

Supreme Court of Appeals of West Virginia.

Decided July 23, 1968.

Attorney(s) appearing for the Case

W. Del Roy Harner, J. Pat Nichols, Parsons, for petitioner.

H. Laban White, Clarksburg, for defendants.

CAPLAN, Judge:

The State of West Virginia by The Department of Natural Resources, desiring to establish and develop a state park for the use and benefit of the public, on certain lands in Canaan Valley, Dry Fork District, Tucker County, West Virginia, instituted two civil actions in eminent domain for the purpose of acquiring the fee simple title to such lands. In civil action No. 354 the petitioner sought to acquire a tract of land consisting of 68 acres and named...

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