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STATE HIGHWAY COMMISSION v. CARMEL ESTATES

514 P.2d 1124 (1973)

STATE of Oregon, by and through Its State HIGHWAY COMMISSION, Composed of Glenn L. Jackson, Fred W. Hill and Thaddeus B. Bruno, Appellant, v. CARMEL ESTATES, Inc., an Oregon Corporation, Respondent, Faye Woodring et al., Defendants.

Court of Appeals of Oregon.

Decided October 8, 1973.

Attorney(s) appearing for the Case

John W. Osburn, Sol. Gen., Salem, argued the cause for appellant. With him on the brief were Lee Johnson, Atty. Gen., and Leslie B. Hampton, Asst. Atty. Gen., Salem.

Gary M. Bullock, Portland, argued the cause and filed the brief for respondent.

Before LANGTRY, P.J., and FORT and THORNTON, JJ.

THORNTON, Judge.

The State Highway Commission brought a condemnation proceeding to acquire in fee simple a right of way running diagonally across defendant's1 real property. Defendant's property is located in north Clackamas County, and abuts the intersection of the Boring-Clackamas Road and the Mt. Hood Highway on the south side. The purpose of the right of way was to construct a lateral access road to connect the Boring-Clackamas Road...

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