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STATE HIGHWAY COM'N v. CHAPARRAL RECREATION

510 P.2d 352 (1973)

STATE of Oregon, by and through Its State HIGHWAY Commission, Composed of Glenn L. Jackson, et al., Appellant, v. CHAPARRAL RECREATION Association, an Oregon Nonprofit Corporation, et al., Respondents, Paul W. Brown and R.M. Boyles, Defendants.

Court of Appeals of Oregon.

Decided May 21, 1973.

Attorney(s) appearing for the Case

Al J. Laue, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Lee Johnson, Atty. Gen., and John W. Osburn, Sol. Gen., Salem.

Owen M. Panner, Bend, argued the cause for respondents. With him on the brief was Roy Kilpatrick, John Day.

Before SCHWAB, C.J., and LANGTRY and THORNTON, JJ.

LANGTRY, Judge.

This appeal is from a compensation award in a condemnation action under ORS 390.805 through 390.925 which is the Scenic Waterways Act adopted by initiative on November 3, 1970. The Act became effective December 3, 1970.

Prior to November 3, 1970 Chaparral Recreation Association had acquired and had started developing for recreation purposes approximately 2,500 acres of land along and near the John Day River a few miles upstream from the highway...

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