STATE HIGHWAY COM'N, ETC. v. WIECZOREK

Nos. 11568, 11569 and 11606.

248 N.W.2d 369 (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. Oscar WIECZOREK and the Federal Land Bank of Omaha, Defendants and Respondents. The STATE HIGHWAY COMMISSION of the State of South Dakota, on Behalf of and in the name of the STATE of South Dakota, Plaintiff, Appellant, and Cross-Respondent, v. John B. GLAUS et al., Defendants, Respondents, and Cross-Appellants.

Supreme Court of South Dakota.

December 22, 1976.


Attorney(s) appearing for the Case

Carl W. Quist and Gary F. Colwill, Asst. Attys. Gen., Pierre, for plaintiff, appellant, and cross-respondent.

J. L. Morgan, Morgan & Fuller, Mitchell, A. P. Fuller, Kellar, Kellar, Fuller, Amundson & Furze, Lead, for defendants and respondents, Oscar Wiecozorek and The Federal Land Bank of Omaha, and defendants, respondents, and cross-appellants, John B. Glaus, Florine W. Glaus, and The Northwestern National Bank of Sioux Falls.


TALBOTT, Circuit Judge.

These condemnation proceedings were initiated in Brule County, South Dakota, by the plaintiff on April 27, 1973, under the then operative provisions of SDCL 31-29-12 and 31-29-14 which authorized the state "to acquire and improve strips of land necessary for the restoration, preservation and enhancement of scenic beauty within and adjacent to federal aid highways of this state * * *." Two motions brought by the defendants to dismiss the proceedings...

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