State Highway Commission v. Marsh

MR. JUSTICE JOHN C. HARRISON

delivered the Opinion of the Court.

This is an appeal by a landowner from a jury verdict in a condemnation action tried on June 4, 1969.

Hazel Marsh owns a ranch located in an area known as Bear-mouth, Montana, some twelve miles west of Drummond, Montana.

She has owned the raneh since 1961. At the time of this action she had leased the entire property to Malcolm W. and Margery H. Enman, who operated the property as a cattle raneh.

In the late 1960’s the State Highway Commission determined the necessity to condemn a portion of the ranch property for use in the…