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STATE EX REL. STATE HIGHWAY COMMISSION v. TRUJILLO

No. 9132.

487 P.2d 122 (1971)

82 N.M. 694

STATE of New Mexico ex rel. STATE Highway COMMISSION of New Mexico, Petitioner-Appellee, v. Lucia L. TRUJILLO and Ernest Trujillo, Defendants-Appellants.

Supreme Court of New Mexico.

June 28, 1971.

Attorney(s) appearing for the Case

Wright & Kastler, Raton, for appellants.

James A. Maloney, Atty. Gen., Margaret W. Lamb, Special Asst. Atty. Gen., Santa Fe, for appellee.

OPINION

STEPHENSON, Justice.

This is an appeal by defendants-appellants Trujillo (the landowners) from a judgment entered in a condemnation case which determined that road building material from the landowners' property had been reserved to the government in the patents and that petitioner-appellee (Highway Commission) was therefore not required to pay the landowners for the material taken.

The petition sought condemnation of a material pit, ownership...

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