State Ex Rel. State Highway Commission v. City of Albuquerque

CHAVEZ, Justice.

Suit was filed_by the State of New Mexico, ex rel. State Highway Commission, appellant herein,j against appellee, the City of Albuquerque, ¡praying for a declaratory judgment. Appellant asserts the right to the occupation and use of the lands hereinafter described, for a controlled access highway, without the payment of compensation to appellee. The land involved is Block 13 of the Terrace Addition to the city ;of Albuquerque, commonly known as Highland Park, and the westerly 60.83 feet of the land involved. Appellant claims that .said westerly 60.83 feet of land was…