BOBBITT, J.
This action was commenced under the provisions of Acts 1905, ch. 48, § 1, p. 59, being § 3-1701, Burns' 1946 Replacement, by the State of Indiana to appropriate and condemn certain lands of appellees, Chester Kraszyk and Mary Rose Kraszyk, and Garner Phegley, for a right of way for the construction of a limited access highway in Starke County, as provided by the Acts of 1945, ch. 245, being § 36-3101, et seq., Burns' 1949 Replacement...
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