State Ex Rel. State Highway Commission v. Kinman

MB. JUSTICE JOHN C. HARRISON

delivered the Opinion of the Court.

This proceeding involves a condemnation action involving property located high above Butte, Montana, astride the Continental Divide. The Divide serves as a natural boundary between Silver Bow County on the west and Jefferson County to the east. The taking involved some 4.3 acres of the Nellie Kin-man Quartz Lode Mining claim upon which the respondents now reside, such property being located partly in both counties.

To recite the tortuous trail of this litigation since its inception in November 1963 would be interesting though it is…