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STATE HIGHWAY COMMISSION v. WILCOX

No. 11711.

468 P.2d 749 (1970)

The State of Montana, Acting By and Through the STATE HIGHWAY COMMISSION of the State of Montana, Plaintiff and Appellant, v. Earl M. WILCOX and Varinna Wilcox, Defendants and Respondents.

Supreme Court of Montana.

Submitted March 10, 1970.

Rehearing Denied April 30, 1970.

Attorney(s) appearing for the Case

James R. Beck, (argued) and Daniel J. Sullivan, Highway Dept., Helena, for plaintiff and appellant.

Corette, Smith & Dean, R.D. Corette, Jr. (argued), Butte, for defendants and respondents.

CASTLES, Justice.

This is an appeal from a judgment entered on a jury verdict in an action in eminent domain by the State Highway Commission. The verdict was in the amount of $20,000.

The State condemned 2.91 acres out of a total of 36.08 acres owned in one parcel by Earl M. and Varinna Wilcox in Granite County.

The land being taken is near Nimrod, Montana. The land owned was not a full 40 acres for the reason that the mainline of the Northern Pacific...

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