STATE HIGHWAY COMMISSION v. FRADET

No. 11514.

451 P.2d 826 (1969)

The State of Montana, Acting By and Through the STATE HIGHWAY COMMISSION of the State of Montana, Plaintiff and Appellant, v. Gerald R. FRADET; Robert Lawrence Fradet; Evelyn L. Fradet; First National Park Bank of Livingston; and William E. Buell, et al., Defendants and Respondents.

Supreme Court of Montana.

March 11, 1969.


Attorney(s) appearing for the Case

Robert L. Woodahl, Atty. Gen., Daniel J. Sullivan (argued), Charles F. Secrest, Helena, for appellant.

Packwood & Bjertness, Otis Packwood (argued), Billings, for respondents.


CASTLES, Justice.

This is an appeal from an order made by the district court of the Thirteenth Judicial District in Stillwater County and from an order denying and refusing a rehearing of such order.

The order determined that the State failed to negotiate to purchase a parcel of land prior to bringing an action in eminent domain; therefore, the State's request for a preliminary order of condemnation of the property sought to be acquired should be denied.<...

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