State Highway Commission v. Kromwall

This is an appeal hy the State of Oregon, acting through its Highway Commission, from an order of the circuit court which sustained the defendant’s motion (1) to vacate the judgment previously entered in this cause and (2) to grant a new trial. The action Which gave rise to the challenged order was instituted by the state under its eminent domain powers to acquire for highway construction purposes a parcel of real property owned hy the defendant. The state contended that the property’s value was no more than $9,800 and offered the defendant that sum of money. The defendant averred that the…