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KOHL v. STATE, DEPT. OF ROADS

No. 82-099.

334 N.W.2d 173 (1983)

214 Neb. 348

LaMoine J. KOHL et al., doing business as Kohl Enterprises, Appellees, v. STATE of Nebraska, DEPARTMENT OF ROADS, Appellant.

Supreme Court of Nebraska.

May 13, 1983.

Attorney(s) appearing for the Case

Paul L. Douglas, Atty. Gen., and John E. Brown, Asst. Atty. Gen., Lincoln, for appellant.

Conway & Connolly, P.C., Hastings, for appellees.

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

WHITE, Justice.

This is a proceeding in eminent domain in which the defendant, State of Nebraska, Department of Roads, took a fee title to .7 acres, a permanent easement to 9.35 acres, the plaintiffs' salvage yard inventory, and all of the salvage yard fixtures and equipment. The purpose of the taking was to increase the right-of-way for U.S. Highway 281 and to prevent the continued operation of an automobile salvage yard on the plaintiffs' property.

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