State Ex Rel. Cutlip v. Sawyers

Pek Curiam:

Relators, Samuel Kenneth Cutlip and Oreda L. Cutlip, filed their petition in this Court on December 4, 1962, praying for a rule requiring the respondent to show cause why a writ of mandamus should not be awarded against him compelling him to institute condemnation proceedings to ascertain just compensation for the property of relators taken or damaged by the state road commission. The petition alleges in substance that relators are the owners of a tract of land in Vienna, Wood County, West Virginia, which they acquired on May 31,1961; when U. S. Route 21 was relocated by the state…