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STATE v. LIVINGSTON

Civ. No. 9464.

270 N.W.2d 556 (1978)

STATE of North Dakota, Plaintiff and Appellee, v. Ernest and Corrine H. LIVINGSTON, Defendants and Appellants.

Supreme Court of North Dakota.

September 29, 1978.

Attorney(s) appearing for the Case

Bosard, McCutcheon, Kerian, Schmidt & Holum, Ltd., Minot, for plaintiff and appellee; argued by Jon R. Kerian, Minot.

Kenneth M. Knutson and Joseph P. Stevens, Minot, for defendants and appellants.

PEDERSON, Justice.

This is an eminent domain action wherein the North Dakota State Highway Department took right-of-way for a portion of U.S. Highways 2 and 52 near Minot pursuant to the authorization of statute (Chapters 24-01 and 32-15, NDCC) and the constitution (Section 14, North Dakota Constitution). The Livingstons appealed (§ 24-01-22.1, NDCC), entitling them to a judicial determination of just compensation...

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