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STATE HIGHWAY COMMISSION v. SCHILTZ

No. 11754.

242 N.W.2d 156 (1976)

The STATE HIGHWAY COMMISSION of the State of South Dakota, on behalf of and in the name of the State of South Dakota, Plaintiff and Appellant, v. Gordon A. SCHILTZ et al., Defendants and Respondents.

Supreme Court of South Dakota.

Decided May 25, 1976.

Attorney(s) appearing for the Case

Carl W. Quist and Gary F. Colwill, Asst. Attys. Gen., Pierre, for plaintiff and appellant; William J. Janklow, Atty. Gen., Pierre, on the brief.

William J. Holland, of Holland & Brantseg, Sisseton, Vernon M. Johnson, of Johnson, Milloy, Eckert & Johnson, Wahpeton, N. D., for defendants and respondents.

DUNN, Chief Justice.

This condemnation action involves the taking of 20.74 acres of farm land in Roberts County for the construction of U.S. Interstate Highway 29. It is a companion case to State Highway Commission v. Anderson (decided this date), S.D., 242 N.W.2d 674. From a jury verdict of $22.050, the state appeals claiming the trial court abused its discretion and erred in (1) ruling that evidence of the sale of the condemned...

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