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STATE BY & THROUGH DEPT. OF TRANSP. v. GLENN

CA 8990; SC 25787.

602 P.2d 253 (1979)

288 Or. 17

STATE of Oregon, BY and THROUGH Its Department of Transportation, Respondent, v. H.P. GLENN, Also Known As Heber P. Glenn, and Edythe Glenn, Husband and Wife, Petitioners, the Federal Land Bank of Spokane, a Corporation; Baker Production Credit Association, a Corporation of the United States of America; Amax Exploration, Inc., a Delaware Corporation; Hoff Lumber, Incorporated, an Idaho Corporation; Union County, a Political Subdivision of the State of Oregon, Defendants.

Supreme Court of Oregon, In Banc.

Decided November 6, 1979.

Attorney(s) appearing for the Case

Thomas F. Young, Baker, argued the cause for petitioners. With him on the briefs were Harold Banta, and Banta, Silven & Young, Baker.

William F. Nessly, Jr., Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James A. Redden, Atty. Gen., and A1 J. Laue, Sol. Gen., Salem.

HOWELL, Justice.

Plaintiff filed this action in eminent domain to acquire two separate portions of defendants' land in Union County. Plaintiff took possession of the first parcel consisting of 111 acres in April, 1972, as part of the construction of the Old Oregon Trail Highway. In January, 1974, cracks appeared in the grade. The threat of landslides prompted plaintiff to take possession of another 20 acres of defendants' land in February, 1974. Plaintiff's complaint...

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