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HIGHWAY COMMISSION v. ANDERSON

234 Or. 328 (1963)

381 P.2d 707

STATE HIGHWAY COMMISSION v. ANDERSON ET UX

Supreme Court of Oregon.

Reversed and remanded May 22, 1963.

Attorney(s) appearing for the Case

J. Robert Patterson, Assistant Attorney General for Oregon, argued the cause for appellant. On the brief were Robert Y. Thornton, Attorney General for Oregon, and L.I. Lindas, Assistant Attorney General and Chief Counsel for Oregon State Highway Commission.

Frederic H. Starkweather, Jr., Gold Beach, argued the cause for defendants. With him on the brief was William N. Wallace, Gold Beach.

Before McALLISTER, Chief Justice, and PERRY, O'CONNELL, DENECKE and LUSK, Justices.

REVERSED AND REMANDED.

PERRY, J.

This is an action brought by the state to appropriate, through its power of eminent domain, certain property of the defendants in Curry County, Oregon. From the judgment entered, the plaintiff has appealed.

The record discloses that the property to be acquired by the state lies along the Pacific Ocean. Seventeen acres are to be used in the construction of U.S. Highway 101, and approximately 38 acres will be developed...

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