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STATE HIGHWAY COMMISSION v. STOCKHOFF

519 P.2d 1281 (1974)

STATE of Oregon, by and through Its State HIGHWAY COMMISSION, et al., Appellant, v. Gene G. STOCKHOFF et al., Respondents.

Court of Appeals of Oregon.

Decided March 18, 1974.

Attorney(s) appearing for the Case

Leslie B. Hampton, Asst. Chief Trial Counsel, Salem, argued the cause for appellant. With him on the briefs were Lee Johnson, Atty. Gen., and John W. Osburn, Solicitor Gen., Salem.

George H. Corey, Pendleton, argued the cause for respondents. With him on the brief were Corey, Byler & Rew, Pendleton.

Before SCHWAB, C.J., and FORT and TANZER, JJ.

TANZER, Judge.

The State of Oregon brought this condemnation action to acquire a portion of defendants' acreage for the conversion of part of State Highway No. 6 (the Old Oregon Trail Highway) to a limited access highway. The property to be acquired is a strip of land on either side of the existing highway. The state's amended complaint alleged that the amount due defendants was $19,000. Defendants answered that just compensation was $100,000. The state appeals from...

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