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STATE HIGHWAY COM'N v. ANDERSON

No. 11753.

242 N.W.2d 674 (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. Arthur W. ANDERSON 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, Holland & Brantseg, Sisseton, Vernon M. Johnson, Johnson, Milloy & Johnson, Wahpeton, N. D., for defendants and respondents.

DUNN, Chief Justice.

This is a condemnation action. The land involved is situated in Roberts County, South Dakota, and was condemned for the construction of U.S. Interstate Highway 29. Defendants own 400 acres of land which was determined to be the unit for purposes of the condemnation action. The land contains improvements. Of the 400 acres, 27.60 acres were taken by condemnation. Since 2.21 acres were previously section...

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