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STATE HIGHWAY COMMISSION v. OSTWALT

No. 11554.

454 P.2d 605 (1969)

The State of Montana, Acting By and Through the STATE HIGHWAY COMMISSION of the State of Montana, Plaintiff and Respondent, v. Herman OSTWALT et al., Defendants and Appellants.

Supreme Court of Montana.

Decided May 12, 1969.

Attorney(s) appearing for the Case

Erickson & Erickson, Leif Erickson (argued), Leif B. Erickson (argued), Helena, for defendants and appellants.

K.M. Bridenstine, Helena, Robert P. Ryan (argued), Billings, for plaintiff and respondent.

CASTLES, Justice.

This is a highway condemnation case. The landowner's farm consisted of seventytwo acres with some improvements. The landowner had 68 acres under cultivation. The State took 9.22 acres from the farm in a strip off the south side, and there was no separation of any part of the lands of the owner. The land is irrigated and drains from north to south toward the new highway.

A Commissioner's hearing had been had, an award made, and the State appealed...

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