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DEPARTMENT OF HIGHWAYS v. SCHULHOFF

No. 21981.

445 P.2d 402 (1968)

DEPARTMENT OF HIGHWAYS, State of Colorado, Plaintiff in Error, v. Carl V. SCHULHOFF, Edna M. Schulhoff, and Frank Stanbro as Treasurer of Jefferson County, Defendants in Error.

Supreme Court of Colorado, En Banc.

September 30, 1968.

Attorney(s) appearing for the Case

Duke W. Dunbar, Atty. Gen., Thomas W. Sullivan, Special Asst. Atty. Gen., John P. Holloway, George L. Zoellner, Joseph M. Montano, Chief Highway Counsel, Asst. Attys. Gen., Denver, for plaintiff in error.

Holley, Boatright & Villano, Wheatridge, for defendants in error Carl V. Schulhoff and Edna M. Schulhoff.

DAY, Justice.

This is an eminent domain case involving the taking of a strip of land by the Colorado Department of Highways, hereinafter referred to as the State. The strip of land taken, designated as Parcel No. 320, contained 33,000 square feet or slightly more than three-fourths of an acre and was the front portion of an unimproved five-acre tract of land which was zoned Agricultural I at the date of valuation. The landowners, hereinafter referred to as the Schulhoffs...

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