State Ex Rel. State Highway Commission v. Board of County Commissioners

MOISE, Justice.

This appeal presents for determination the question of whether or not the State Highway Commission, hereinafter referred to as “Commission” must pay compensation to Dona Ana County, hereinafter referred to as “County” for property of the County taken by the Commission for highway purposes. It reaches us by appeal from a judgment in favor of the County in a declaratory judgment proceeding filed by the Commission.

The property being taken is owned by the County; part of it constitutes ground utilized in connection with the county court house, and part of it in connection with the…