State Highway Commission v. Phillips

The opinion of the court was delivered by

Harvey, J.:

This appeal involves the right of the state highway 'commission to abandon a condemnation proceeding after the appraisers had made their report and an appeal had been taken from the award, but before a hearing thereon in the district court. The trial court denied the highway commission’s motion to abandon the proceeding^ and it has appealed.

Perhaps it is best first to notice the pertinent statutes. G. S. 1935, 68-413, so far as here pertinent, reads:

“That the state highway commission, in the name of the state, may acquire title ... by the…