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STATE HIGHWAY COM'N v. EMPIRE BLDG. MATERIAL CO.

523 P.2d 584 (1974)

STATE of Oregon, by and through Its State HIGHWAY Commission, Composed of Glenn L. Jackson, et al., Appellant, v. EMPIRE BUILDING MATERIAL CO., an Oregon Corporation, et al., Respondents, Besser Company, a Michigan Corporation, et al., Defendants.

Court of Appeals of Oregon.

Decided June 17, 1974.

Rehearing Denied July 24, 1974.

Review Denied September 4, 1974.

Attorney(s) appearing for the Case

John W. Burgess, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the briefs were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

John L. Schwabe, Portland, argued the cause for respondents. With him on the brief were George W. Mead, Jr., and Alan H. Johansen, Portland.

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

THORNTON, Judge.

The State Highway Commission (Commission) brought this condemnation action to acquire 19.8 acres of land owned by defendant Empire Building Material Co. (Empire). The property was required for use in construction of the Columbia River-Pacific Highway section of the East Portland freeway in Multnomah County.

The 19.8 acres sought by eminent domain were part of an approximate 26-acre tract owned by Empire, upon which Empire operated a concrete...

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