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STATE HIGHWAY COMMISSION v. NELSON

222 Or. 458 (1960)

353 P.2d 616

STATE HIGHWAY COMMISSION v. NELSON ET AL

Supreme Court of Oregon.

Affirmed June 22, 1960.

Attorney(s) appearing for the Case

Orval N. Thompson, Albany, argued the cause for appellants. On the brief were Weatherford & Thompson, Albany, and Morley, Thomas & Orona, Lebanon.

Leslie B. Hampton, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were Robert Y. Thornton, Attorney General, L.I. Lindas, Assistant Attorney General and Chief Counsel for the State Highway Commission, Charles Peterson and Ted E. Barbera, Assistant Attorneys General, Salem.

Before McALLISTER, Chief Justice, and ROSSMAN, WARNER, GOODWIN and HOLMAN, Justices.

AFFIRMED.

GOODWIN, J.

John D. Nelson and the other named defendants appeal from a judgment awarding them $2,800 in a condemnation proceeding brought by the Plaintiff State Highway Commission.

1. The parties will be referred to as the Commission and the owners. The only question presented in this appeal is whether the trial court erred in giving this instruction:

"The burden of proving the highest and best use of the land and that just compensation...

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