State v. Windham

MAJORITY OPINION

ROBERTSON, Justice.

The state condemned, for the widening of Highway 6, a strip of appellees’ land 110 feet in depth for a distance of 837.3 feet, totalling 2.12 acres. This condemned acreage was a part of a 19 acre tract owned by the appellees. The special commissioners awarded $60,250 and the state deposited such sum with the clerk of the court. Ap-*341pellees appealed to the county court and withdrew the funds from the registry of the court. All matters pertaining to the power of appellant to condemn were stipulated, and appellees waived damages to the remainder of their…