State Highway Commission v. D-X Sunray Oil Co.

The opinion of the court was delivered by

Parker, C. J.:

This appeal springs from a statutory condemnation proceeding initiated by the State Highway Commission (hereinafter referred to as the Commission), as Master Condemnation Case No. A-76777, to acquire divers tracts of land located in Sedgwick County for right of way purposes, including a 0.41 acre tract owned by the D-X Sunray Oil Company (hereinafter referred to as the Company), pursuant to the provisions of G. S. 1949, 26-101.

The informative and controlling facts are conceded and may be stated thus:

The Commission presented a petition to…