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BEMBINSTER v. STATE

No. 307.

57 Wis.2d 277 (1973)

203 N.W.2d 897

BEMBINSTER, Appellant, v. STATE OF WISCONSIN (Department of Transportation, Division of Highways), Respondent.

Supreme Court of Wisconsin.

Decided February 8, 1973.

Attorney(s) appearing for the Case

For the appellant there were briefs by Genrich, Terwilliger, Wakeen, Piehler & Conway, attorneys, and W. Thomas Terwilliger of counsel, all of Wausau, and oral argument by Herbert Terwilliger.

For the respondent there was a brief by Crooks, Low & Earl of Wausau, and oral argument by Patrick L. Crooks.

HALLOWS, C. J.

Mrs. Bembinster owned approximately 46.92 acres of land in Marathon county west of the city of Wausau. The land was situated south of Highway 29 and west of Highway 51 bypass. Part of this land was needed by the state for an interchange at the junction of Highways 29 and 51. The land was divided by the Chicago & North Western Railway right-of-way, which ran approximately east and west. Approximately 39.18 acres lay north of the tracks and 7.74 to...

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