State Ex Rel. State Highway Commission v. Chapman

MR. JUSTICE JOHN C. HARRISON

delivered the Opinion of the Court.

The appellant State Highway Commission brings this appeal from a preliminary order of condemnation by the district court of the thirteenth judicial district limiting the amount of property sought to be appropriated by the State.

The real issue raised is whether under section 32-3905, R.C.M. 1947, the Highway Commission can acquire entire parcels or is it restricted to that which is “public use.” The question before us is one of first impression in this Court.

Section 32-3905, R.C.M.1947, reads as follows:

“Acquisition of whole parcel…