State Ex Rel. McMaster v. District Court

But one question is presented for determination in this proceeding, viz.: Can a county of this state exercise the right of eminent domain to condemn land for use as a right of way for a portion of a state highway which has been designated as such by the state highway commission in conjunction with the board of county commissioners, and has been laid out as such by said state highway commission and approved by the federal authorities as a federal aid project, or is such right vested exclusively in the state highway commission?

The county of Broadwater sought to exercise that right and…