State v. Deprez

On Rehearing

Arterburn, C.J.

The State of Indiana filed exceptions to appraisers’ report in a condemnation action for highway purposes. After some delays, the trial court dismissed the proceedings on the exceptions to the appraisers’ report from which the state appealed. On the 21st day of May, 1973, we sustained a motion to dismiss the appeal by the State, See 296 N. E. 2d 120. The State has now filed a Petition to Modify Ruling dismissing the appeal with our court claiming that it leaves the state without title to the land condemned.

We find the state has paid to the Clerk of the Court the…