STATE HIGHWAY COMMISSION v. PALIN

No. 11741.

503 P.2d 524 (1972)

The State of Montana, Acting By and Through the STATE HIGHWAY COMMISSION of the State of Montana, Plaintiff and Appellant, v. Melvin D. PALIN et al., Defendants and Respondents.

Supreme Court of Montana.

Decided November 27, 1972.


Attorney(s) appearing for the Case

Daniel J. Sullivan and Donald A. Douglas (argued), Helena, for plaintiff and appellant.

Knight, Dahood & Mackay, Wade J. Dahood (argued), Anaconda, William F. Sheehan, Philipsburg, for defendant and respondent.


JAMES T. HARRISON, Chief Justice.

This is an appeal by the Montana State Highway Commission from a jury award of $48,600 to the defendant, Melvin Palin, in a condemnation suit. The land was used as part of the interstate highway system. Both parties agreed that the highest and best use of the land, located along the Clark Fork River in Granite County, was for grazing. The Palins placed a value of $51,470 on their lands being taken. The State's appraiser computed compensation...

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