Legal Opinion

Batcheller v. Iowa State Highway Commission

Supreme Court of Iowa

Decided February 9, 1960No. 49908PublishedCited by 27 opinions

1Opinion of the CourtThornton, J.

The trial court has enjoined defendant, Iowa State Highway Commission, from in any manner appro priating, taking or entering upon certain real estate occupied by plaintiff as a tenant until defendant complies with our statutes relative to eminent domain as to the right, title and interest of plaintiff in such real estate.

Defendant contended in the trial court and urges for reversal here it is immune as an agency of the State from this action, it has acquired the interest of the landlord by condemnation and has in this manner succeeded to the interest of the landlord, holder of the fee, in…

2Cases cited18 opinions

  1. Des Moines Wet Wash Laundry v. City of Des MoinesSupreme Court of Iowa · 1924
  2. Hoover v. Iowa State Highway CommissionSupreme Court of Iowa · 1928
  3. Korf v. FlemingSupreme Court of Iowa · 1948
  4. Reichard v. Chicago, Burlington & Quincy RailroadSupreme Court of Iowa · 1942
  5. People ex rel. Sweet v. WardCalifornia Supreme Court · 1895

13 more not listed; retrieve them via the Exa API.

3Cited by27 opinions

  1. Frost v. StateSupreme Court of Iowa · 1970
  2. Carter v. JerniganSupreme Court of Iowa · 1975
  3. Rosendahl Levy v. Iowa State Highway CommissionSupreme Court of Iowa · 1969
  4. South Carolina Department of Transportation v. M & T Enterprises of Mt. Pleasant, LLC.Court of Appeals of South Carolina · 2008
  5. Comstock v. Iowa State Highway CommissionSupreme Court of Iowa · 1963

22 more not listed; retrieve them via the Exa API.

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