State ex rel. Herman v. Electrical District No. 2

HOWARD, Chief Judge.

The appellant, hereinafter referred to as the "State”, pursuant to a resolution of the Arizona Highway Commission improving State Highway 287, filed an action against the appellee, hereinafter referred to as the “District”, to require the District to remove, at its own expense, its transmission lines and poles from their existing location in the right-of-way of State Highway 287.1

The District defended the action on the following grounds: (1) A.R.S. § 30-549, gave it a vested property right which could be taken only upon the payment of just compensation; (2) its right in…