State ex rel. State Highway Commission v. Fradet

MR. JUSTICES CASTLES

delivered the Opinion of the Court.

*437This is an appeal from an order made by the district court of the Thirteenth Judicial District in Stillwater County and from an order denying and refusing a rehearing of such order.

The order determined that the State failed to negotiate to purchase a parcel of land prior to bringing an action in eminent domain; therefore, the State’s request for a preliminary order of condemnation of the property sought to be acquired should be denied.

In August 1967, defendant Robert Fradet was the owner of two parcels of land which would be affected by…