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STATE v. RAND

366 A.2d 183 (1976)

STATE of Maine v. Clarence W. RAND et al.

Supreme Judicial Court of Maine.

November 8, 1976.

Attorney(s) appearing for the Case

Lester A. Olson, Asst. Atty. Gen., Dept. of Transportation, Augusta, Ronald M. Roy, Chief Counsel, Land Damage Board, Winslow, for plaintiff.

Jensen Baird Gardner Donovan & Henry by George S. Isaacson, Kenneth M. Cole, III, Portland, for Clarence and Miriam Rand.

William J. O'Brien, Jr., Charles A. Lane, Portland, for City of Portland.

Before DUFRESNE, C. J., and WEATHERBEE, POMEROY, WERNICK, ARCHIBALD and DELAHANTY, JJ.

WERNICK, Justice.

The State of Maine, acting through its Department of Transportation (Department), took by eminent domain—for use in the construction of Interstate 295—a triangular parcel of land at Winslow Street and Forest Avenue in the City of Portland which the City had held, and maintained, as "Winslow Park." Following a "blanket" award by the Land Damage Board of $30,000 as just compensation for the taking, the Department brought a civil action...

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