Luecke v. State Highway Commission

The opinion of the court was delivered by

Wertz, J.:

This was an eminent domain proceeding commenced by the state highway commission, defendant (appellant), hereinafter referred to as commission, for the purpose of acquiring land for highway purposes. J. F. and Eva Agnes Luecke, plaintiffs (appellees), were the owners of half a section of land described as the northwest quarter and the northeast quarter of section 27, township 13 in Ellis county.

The commission filed its petition in the district court, requesting that the court find the commission had the power of eminent domain and that the…