STATE, EX REL. STATE HIGHWAY DEPT. ETC. v. SHAW

No. 11143.

565 P.2d 655 (1977)

90 N.M. 485

STATE of New Mexico ex rel. State HIGHWAY DEPARTMENT OF NEW MEXICO, Petitioner-Appellee, v. Dudley C. SHAW et al., Exxon Corporation and Texaco, Inc., Defendants-Appellants.

Supreme Court of New Mexico.

As Amended on Denial of Rehearing June 30, 1977.


Attorney(s) appearing for the Case

Hinkle, Bondurant, Cox & Eaton, Harold Hensley, Jr., Paul M. Bohannon, Roswell, for Exxon.

Rowley & Bowen, Stephen W. Bowen, John W. Anderson, Tucumcari, for Texaco.

Toney Anaya, Atty. Gen., V. Henry Rothschild, III, Asst. Atty. Gen., Santa Fe, for appellee.


OPINION

PAYNE, Justice.

In 1962 it became a matter of general knowledge that a by-pass, which would be a part of Interstate Highway 40, would be built in the Tucumcari, New Mexico area. Based upon this information, Texaco and Exxon, in separate transactions, acquired "floating options" to purchase tracts of property in the vicinity of the highway. The floating options gave the defendants the right to select a specific location within a general tract of land...

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