State Highway Commission v. Arnold

The plaintiff brought an action to acquire by condemnation the defendants’ interest in 21.52 acres of land located in Klamath County. Prom a verdict and judgment for $13,250 the plaintiff appeals.

The defendants’ interest in the property involved consisted of a leasehold interest in the surface and the mineral rights. The plaintiff had previously acquired the fee subject to the foregoing interests.

The property taken includes one-third of a cinder cone, described as “Buckeye Butte,” which is a geological formation of volcanic origin made up of a mineral aggregate useful for certain construction…