State Highway Commission v. Central Paving Co.

This is a condemnation action brought by the state of Oregon to acquire a parcel of land for highway purposes. Plaintiff appeals from a judgment of $4,500 in favor of defendants. The following statement of facts is adopted from the plaintiff’s brief.

Defendants owned 3.73 acres of land upon which they conducted a sand and gravel business. The property is located a few miles west of the city of Salem and lies between the Willamette river on the south and the right-of-way of the Southern Pacific railroad on the north. A relatively small portion of the land is high and level; the remainder is…