State v. Miller Home Development, Inc.

Matson, Justice.

Appellants appeal from an order taxing costs and disbursements against them in a condemnation proceeding brought by the state.

The state petitioned the district court to condemn certain parcels of land in Mower county for trunk highway purposes. Notice of the hearing thereon was sent to the affected parties including the appellants herein, who are owners of a tract which in part was to be taken and which part was described in the petition as “Parcel 12.” Included in the petition was a request for the taking of a right of access from that part of the appellants’ track which was…