State Ex Rel. State Highway Commission v. Gordon

— This is a condemnation proceeding. From the pleadings it appears that the State Highway Commission acquired by condemnation a right of way through respondents’ land for the state highway from the Boone-Callaway County line «feo South Cedar City in 1923. The present proceeding was commenced in February, 1930, for the purpose of acquiring a right of way over respondents’ land for the same state highway. It appears, however, from the petition, and the profile map filed with it, that the parcel of land included within the right of way now sought contains 3.59 acres, 2.38 lying in the “present…