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SAUVAGEAU v. HJELLE

Civ. No. 8853.

213 N.W.2d 381 (1973)

George D. SAUVAGEAU and Francis Sauvageau, Plaintiffs/Appellees, v. Walter R. HJELLE, North Dakota State Highway Commissioner, Defendant/Appellant.

Supreme Court of North Dakota.

December 5, 1973.

Attorney(s) appearing for the Case

Jos. A. Vogel, Sp. Asst. Atty. Gen., State Highway Dept., Bismarck, for appellant.

Wattam, Vogel, Vogel & Peterson, Fargo, for appellees.

KNUDSON, Judge.

This is an appeal by Walter R. Hjelle, the State Highway Commissioner [hereinafter Commissioner], from the judgment in a condemnation proceeding brought by the Commissioner to acquire certain land for the right of way for Interstate Highway 29.

The Commissioner sought to acquire a right of way in the W-½ NW-¼ of Section 14 and to take immediate possession thereof by making an offer to purchase...

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