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STATE HIGHWAY COMMISSION v. MILLER

No. 10421.

155 N.W.2d 780 (1968)

STATE HIGHWAY COMMISSION of the State of South Dakota on Behalf of and in the Name of the State of South Dakota, Plaintiff and Appellant, v. Marion MILLER and Blanche Miller, Defendants and Respondents.

Supreme Court of South Dakota.

January 23, 1968.

Attorney(s) appearing for the Case

Frank L. Farrar, Atty. Gen., Robert A. Amundson, Sp. Asst. Atty. Gen., Pierre, for plaintiff and appellant.

Morgan & Fuller, H. T. Fuller, Mitchell, for defendants and respondents.

BIEGELMEIER, Judge.

This is an appeal by the State from a judgment entered on a jury verdict awarding compensation in a condemnation action. Due to construction of Interstate 90 in 1962 the State desired rights-of-way across lands of defendants. At that time Blanche Miller was the record owner of a 373.33 acre tract of land and Marion Miller, her son, was the record owner of a 160 acre tract about a half mile east. The State therefore commenced two separate actions...

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