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STATE ETC. DEPT. OF TRANSP. v. HILDERBRAND

No. 3711; CA 8469.

582 P.2d 13 (1978)

35 Or.App. 403

STATE of Oregon By and Through its DEPARTMENT OF TRANSPORTTION, Respondent, v. John O. HILDERBRAND and Wanda F. Hilderbrand, husband and wife, Appellants.

Court of Appeals of Oregon.

Decided August 1, 1978.

Attorney(s) appearing for the Case

Bruce W. Williams, Salem, argued the cause for appellants. With him on the briefs was Williams, Spooner & Graves, P. C, Salem.

W. Benny Won, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James A. Redden, Atty. Gen., and Al J. Laue, Sol. Gen., Salem.

Before SCHWAB, C. J., and THORTON, TANZER and BUTTLER, JJ.

THORNTON, Judge.

This is an appeal by defendant property owners from a judgment for the state in a condemnation proceeding.

Defendants' property, which is located along the Deschutes River in Sherman County, was condemned by plaintiff under the Scenic Waterways Act. Defendants contend that the trial court erred: (1) "in finding the taking of defendants' property was necessary," and (2) "in holding ORS 390.845(6)1 [of the Act] constitutional...

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