Moody v. Benson

On the seventeenth day of September, 1920, the Attorney General, by direction of the State Highway Commission, and upon behalf of the state, instituted an action against plaintiff, to condemn a strip across his land, sixty feet wide and about one-half mile long, for use as a right of way for a road which the State Highway Commission had theretofore defined and adopted as a state highway and designated as state highway No. 39.

After the complaint in the condemnation action was filed, the Highway Commission, pursuant to the authority conferred upon it by Sections 4436 and 4438, Or. L., ordered…