STATE, DEPT. OF HIGHWAYS v. Schumacher

MR. JAMES DALY

delivered the opinion of the Court.

This is an eminent domain action filed March 27, 1962, in Silver Bow County by the State of Montana, acting by and through the State Highway Commission, against Harold F. Schumacher and his wife, Loretta M. Schumacher, who were the owners of the land taken, and Arthur W. Schmidt, who leased a portion of the property from the Schumachers. The Schumachers reached a settlement with the State and were compensated accordingly.

Schmidt and the State were unable to reach an agreement on the value of his interest in the leased land. The dispute was…