Andres v. State Highway Commission

The opinion of the court was delivered by

Parker, C. J.:

This is a highway condemnation appeal.

The facts and proceedings, as disclosed by the record presented, giving rise to the appeal are not only informative but important to its decision and should be detailed.

Early in 1958 the State Highway Commission instituted a proceeding, under G. S. 1949, 26-101 and G. S. 1957 Supp., 26-102, to *555condemn 38.19 acres of land located in Harvey County, on which there was a growing crop of wheat, for the acquisition of a highway right of way.

At the time of the institution of the proceeding several parties…