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STATE HIGHWAY COMMISSION v. KNUTSEN

248 Or. 222 (1967)

433 P.2d 236

STATE HIGHWAY COMMISSION, Appellant, v. KNUTSEN ET AL, Respondents.

Supreme Court of Oregon.

Reversed and remanded November 15, 1967.

Attorney(s) appearing for the Case

J.N. Hershberger, Assistant Attorney General, Salem, argued the cause for appellant. On the briefs were Robert Y. Thornton, Attorney General, G.E. Rohde, and Frank C. McKinney, Assistant Attorneys General, Salem.

Donald B. Bowerman, Portland, argued the cause for respondents. With him on the brief were Misko, Njust & Bowerman, Portland.

Before PERRY, Chief Justice, and McALLISTER, O'CONNELL, GOODWIN, DENECKE, HOLMAN and WOODRICH, Justices.

REVERSED AND REMANDED.

HOLMAN, J.

In this condemnation action, the State Highway Commission appeals from a judgment dismissing its complaint upon its failure to plead over after the sustaining of defendants' demurrer thereto. The question presented is whether ORS 366.345(1) grants the Commission the power to condemn land located near a highway for a marine park.

The subject land lies between the northerly boundary of the Columbia River Highway and...

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