Park County v. Miller

Pursuant to petition the board of county commissioners under the provisions of Chapter 143 of the Political Code, ordered a proposed highway established and defendant, the owner of a part of the proposed right of way, refused to sell. The board of county commissioners ordered condemnation of the required right of way and a five-acre tract for a borrow pit for materials for said highway, and this action was instituted. After hearing, the district court found that the land should be condemned and appointed appraisers. This is an appeal from that order.

Plaintiff contends that the order appealed…