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WEAR v. STATE, DEPT. OF ROADS

No. 81-927.

337 N.W.2d 708 (1983)

215 Neb. 69

Frank J. WEAR et al., Appellees, v. STATE of Nebraska, DEPARTMENT OF ROADS, Appellant.

Supreme Court of Nebraska.

August 5, 1983.

Attorney(s) appearing for the Case

Paul L. Douglas, Atty. Gen., Warren D. Lichty, Jr., and Gary R. Welch, Lincoln, for appellant.

J. Thomas Rowen of Miller & Rowen, P.C., Omaha, for appellees.

KRIVOSHA, C.J., BOSLAUGH, McCOWN, WHITE, HASTINGS, and CAPORALE, JJ., and COLWELL, D.J., Retired.

McCOWN, Justice.

This is a condemnation proceeding instituted by the Nebraska Department of Roads to acquire the land necessary for highway reconstruction in Sarpy County, Nebraska. The jury verdict was for $677,-480 and the State has appealed.

The State sought to acquire 18.12 acres of land on the outskirts of Omaha located on the west side of Highway 50 near its intersection with Interstate 80 in Sarpy County, Nebraska. The land taken in fee title was a...

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