State Ex Rel. Rich v. Bair

McFADDEN, Justice.

Respondent, the State of Idaho, on relation of the Board of Highway Directors, filed its petition for rehearing after release of the initial opinion in this matter. The petition was granted, and the original opinion is withdrawn and this opinion substituted therefor.

The State of Idaho instituted this action to condemn a seventeen foot strip of land, and an adjoining five foot slope easement in Blackfoot, Idaho. Fixtures incident to a service station were on the land condemned, and the buildings of the service station on the remaining ground. The appellants are the owners of…