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STATE BY HUMPHREY v. BYERS

No. C9-95-1782.

545 N.W.2d 669 (1996)

STATE of Minnesota, by Hubert H. HUMPHREY, III, its Attorney General, Petitioner, Respondent, v. Hilda BYERS, et al., Appellants, Richard Byers, et al., Lower Court Respondents.

Court of Appeals of Minnesota.

April 2, 1996.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Attorney General, Cassandra O. O'Hern, Assistant Attorney General, St. Paul, for respondent.

Gerald W. Von Korff, Rinke-Noonan, St. Cloud, for appellants.

Considered and decided by DAVIES, P.J., and PARKER and SCHUMACHER, JJ.

OPINION

PARKER, Judge.

An assessed landowner, Hilda Byers, appeals from a district court order granting to the Department of Transportation a drainage easement over a portion of her property. We affirm.

FACTS

The state petitioned the district court to acquire from appellant a drainage easement over 43.96 acres in perpetuity. Parcel 329, upon which the easement is sought, is located near...

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