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STATE, DEPARTMENT OF HIGHWAYS v. HIGGINS

No. 12812.

530 P.2d 776 (1975)

The STATE of Montana, acting by and Through the DEPARTMENT OF HIGHWAYS of the State of Montana, Plaintiff and respondent, v. Charles C. HIGGINS and Marjorie K. Higgins, husband and wife, Defendants and Appellants.

Supreme Court of Montana.

Decided January 23, 1975.

Attorney(s) appearing for the Case

Leif Erickson, Sr. (argued), Helena, for defendants and appellants.

Daniel J. Sullivan (argued), James R. Beck (argued), Helena, for plaintiff and respondent.

HASWELL, Justice.

Charles and Marjorie Higgins appeal from a preliminary order of condemnation entered in the district court of Lincoln County. The order determines that the use to which the Department of Highways seeks to apply the Higgins' property is a necessary public use authorized by law, and that the taking is required by the public interest.

The action began with a complaint filed by the Department of Highways on July 26, 1972, seeking to condemn a...

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