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BRANDERHORST v. IOWA STATE HIGHWAY COMMISSION

No. 55164.

202 N.W.2d 38 (1972)

William M. BRANDERHORST et al., Appellees, v. IOWA STATE HIGHWAY COMMISSION, Acting on Behalf of the STATE of Iowa, Appellant.

Supreme Court of Iowa.

November 15, 1972.

Attorney(s) appearing for the Case

Richard C. Turner, Atty. Gen., Asher E. Schroeder and Donald L. Hoeger, Asst. Attys. Gen., for appellant.

Nyemaster, Goode, McLaughlin, Emery & O'Brien, Des Moines, for appellees.

Heard before MOORE, C. J., and LeGRAND, UHLENHOPP, HARRIS, and McCORMICK, JJ.

UHLENHOPP, Justice.

This appeal relates to the authority of the Iowa State Highway Commission to relocate the channel of a creek on private land.

Plaintiffs Branderhorst and Nyemaster (landowners) own a farm in Jasper County, Iowa. The farm is bounded on the southeast by Iowa Highway 14, on the southwest by the Skunk River, and on the northeast by Cherry Creek (except for a small parcel east of the creek).

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