State Ex Rel. State Highway Commission v. Silva

NOBLE, Justice.

The action was in declaratory judgment to determine whether defendants suffered a compensable damage to their property by reason of a highway improvement.

It should be noted that none of defendants’ property was appropriated, nor was there any change of grade on the road in front of their property.

U. S. 85, south of Belen, New Mexico, on which defendants’ property abutted, was the principal north-south highway over which all through traffic flowed. Interstate 25, a new, controlled-access highway, was constructed on a new location roughly parallel and to the west of U. S. 85.…