State v. Anderson

Matson, Justice.

Appeal by the state from a judgment adjudging that the state has taken a perpetual flowage easement upon the intervening property *402owner’s land and awarding damages for such taking.1

This case, involving an omitted property owner in condemnation proceedings, has been before this court in two prior appeals.2 In 1935 the state commenced condemnation proceedings to acquire by the power of eminent domain certain lands in Chippewa County for the purpose of creating and perpetually maintaining a reservoir for the storage and maintenance of an adequate supply of water in Lac qui Parle…