State Highway Commission v. Dumas

Before proceeding directly to the fact that the majority, in my belief, misinterprets and misstates the motion to strike which is the basis of the first assignment of error, I believe that it will be useful to devote a moment to the rule which governs the amount of recovery in a proceeding of this kind.

*461Highway Commission v. Holt, 209 Or 697, 308 P 181, was based upon a condemnation proceeding to take 1.05 acres of the defendants’ land. The defendants sought to show that they desired to nse their land, which was marshy, for industrial purposes and that preparatory to doing so they filled a…