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STATE EX REL. STATE HIGHWAY COMMISSION v. GRENKO

No. 8696.

460 P.2d 56 (1969)

80 N.M. 691

STATE of New Mexico ex rel. STATE HIGHWAY COMMISSION of New Mexico, Plaintiff-Appellee and Cross-Appellant, v. John GRENKO, Phillip Grenko, Joe Grenko, Jennie Grenko Vitullo, Antonio Grenko Myers and Diana Grenko Martin, Defendants-Appellants and Cross-Appellees.

Supreme Court of New Mexico.

Rehearing Denied October 28, 1969.

Attorney(s) appearing for the Case

Hannett, Hannett, Cornish & Barnhart, Albuquerque, for appellants.

Boston E. Witt, Atty. Gen., Joseph L. Droege, Special Asst. Atty. Gen., Sante Fe, for appellees.

OPINION

NOBLE, Chief Justice.

The Highway Commission condemned (1) a highway right of way approximately through the center of a 160-acre tract, owned by the Grenko heirs; (2) an easement for drainage structures; and (3) the direct access of abutting lands to the highway. Some 18.299 acres were taken, leaving approximately 70 acres on each side of the highway. The petition was filed May 9, 1966, at which time a preliminary order of entry was filed and made...

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