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SCHRADER v. STATE

No. 56127.

213 N.W.2d 539 (1973)

Keith SCHRADER and Lourena Schrader, Appellants, v. STATE of Iowa and Iowa State Highway Commission, Appellees.

Supreme Court of Iowa.

December 19, 1973.

Attorney(s) appearing for the Case

Glenn Bradley, Sigourney, and Nolan, Lucas & Nolan, Iowa City, for appellants.

Richard C. Turner, Atty. Gen., Asher E. Schroeder, Sp. Asst. Atty. Gen., and Robert W. Goodwin, Asst. Atty. Gen., for appellees.

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

UHLENHOPP, Justice.

The question in this mandamus proceeding is whether a constitutional "taking" by the State of Iowa occurred, requiring the State to pursue condemnation proceedings. See Anderlik v. Iowa State Highway Comm'n, 240 Iowa 919, 38 N.W.2d 605.

We hear the appeal de novo. We give weight to the trial court's fact findings but are not bound by them. Phelps v. Board of Supervisors of Muscatine County, 211 N.W.2d 274

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