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ODOT v. SCHROCK FARMS

90-0148; CA A86476.

914 P.2d 1116 (1996)

140 Or. App. 140

STATE of Oregon, By and Through its DEPARTMENT OF TRANSPORTATION, Appellant, v. SCHROCK FARMS, an Oregon Corporation, and Dean Schrock, Respondents.

Court of Appeals of Oregon.

Decided April 17, 1996.

Attorney(s) appearing for the Case

John T. Bagg, Assistant Attorney General, argued the cause for appellant. With him on the briefs were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.

Edward F. Schultz, Albany, argued the cause for respondents. With him on the brief was Weatherford, Thompson, Quick & Ashenfelter, P.C.

Before WARREN, P.J., and EDMONDS and ARMSTRONG, JJ.

WARREN, Presiding Judge.

The Oregon Department of Transportation (ODOT) appeals from a judgment that dismissed its action to condemn approximately 12 acres of land that defendants own (the land). ODOT needed the land in order to realign a portion of State Highway 34 between Corvallis and Lebanon. We reverse.

The land runs through one of defendants' fields; the realigned highway divides that field into two sections...

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