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STATE HIGHWAY COMMISSIONER v. HAHN

Calendar No. 22, Docket No. 51,605.

380 Mich. 115 (1968)

156 N.W.2d 33

STATE HIGHWAY COMMISSIONER v. HAHN.

Supreme Court of Michigan.

Decided February 17, 1968.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Louis J. Caruso, Assistant Attorney General, and Thomas D. Stone, Special Assistant Attorney General, for plaintiff.

Robert D. Mandenberg, for defendants.

SOURIS, J.

Article 10, § 2, Constitution of 1963 provides that private property shall not be taken for public use without just compensation therefor. CL 1948, § 213.171 (Stat Ann 1958 Rev § 8.171) authorizes the State highway commissioner to take, by exercise of the power of eminent domain, certain private property for public use, including "gravel, rock, sand, dirt and any and all other materials that may be needed for the proper construction, improvement...

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