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STATE EX REL. STATE HIGHWAY DEPARTMENT v. DAVIS

No. 9553.

517 P.2d 743 (1973)

85 N.M. 759

STATE of New Mexico ex rel. STATE HIGHWAY DEPARTMENT of New Mexico, Petitioner, v. Charles DAVIS et al., Defendants. Benjamin BENAVIDEZ et al., Appellees, v. WESTLAND DEVELOPMENT CO., INC., Appellant.

Supreme Court of New Mexico.

December 28, 1973.

Attorney(s) appearing for the Case

Sutin, Thayer & Browne, Irwin S. Moise, Albuquerque, for appellant.

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

OPINION

MONTOYA, Justice.

This action began in the District Court of Bernalillo County when the petitioner, State of New Mexico through its Highway Department (State), filed three suits under the special alternative procedure provided by § 22-9-39 et seq., N.M.S.A., 1953 Comp. (1973 Pocket Supp.), to condemn property for highway purposes in the area immediately west of the Rio Grande. The three suits were consolidated and handled as one case. After...

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