STATE DEPT. OF HIGHWAYS, ETC. v. OGDEN

No. 79CA1137.

638 P.2d 832 (1981)

STATE DEPARTMENT OF HIGHWAYS, DIVISION OF HIGHWAYS, State of Colorado, Petitioner-Appellee, v. Dewey P. OGDEN, Respondent-Appellant, and Texas Oil & Gas Corp.: American Telephone & Telegraph Co.; Utilities Board of the City of Lamar; May Valley Water Association; Geneva C. Mosher as Treasurer of Prowers County, Respondents.

Colorado Court of Appeals, Div. I.

November 27, 1981.


Attorney(s) appearing for the Case

J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J.

Mullarkey, Sol. Gen., Robert R. Duncan, Thomas W. Gibb, Asst. Attys. Gen., Denver, for petitioner-appellee.

Johnson & McLachlan, Stanley A. Brinkley, Lamar, for respondent-appellant.


COYTE, Judge.

Dewey P. Ogden (Respondent) appeals from a judgment entered for the value of property taken and damages to the residue in a condemnation proceeding. We reverse.

After trial was completed it was found that one of the jurors was not a freeholder. Respondent contends that the jury was thus an illegally constituted jury and that he is entitled to a new trial. We agree.

In the taking of property for public use, compensation is to be ascertained...

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