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HAMAN v. McHENRY COUNTY

No. 7542.

72 N.W.2d 630 (1955)

Wendelin HAMAN, Claimant and Appellant, v. McHENRY COUNTY, a political subdivision of the State of North Dakota, the Board of County Commissioners of McHenry County and the State Highway Commissioner of the State of North Dakota, Respondents.

Supreme Court of North Dakota.

October 26, 1955.

Attorney(s) appearing for the Case

Friederich & Ziegler, Rugby, for claimant and appellant.

Leslie R. Burgum, Atty. Gen., Vernon R. Pederson, Sp. Asst. Atty. Gen., J. C. McIntee, State's Atty. of McHenry County, Towner, for respondent S. W. Thompson as State Highway Commissioner.

MORRIS, Judge.

The state highway commissioner sought to obtain from Wendelin Haman .35 acres of land for highway purposes. The commissioner being unable to purchase the land, proceedings in the nature of eminent domain were brought before the board of county commissioners of McHenry County pursuant to Section 24-0119, NDRC 1953 Supp. A public hearing was held before the board on July 7, 1954, and an award of three hundred dollars made to the landowner. The

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