Stubblefield v. Warren County

July 4, 1930, the state department of highways and public works, without notice to Warren county and without a condemnation proceeding, took possession of and appropriated land owned by the plaintiffs for use of a state highway. That was doné in the irregular exercise • of power under section 5, chapter 74, Pub. Acts 1917, and section 9, chapter 149, Pub. Acts 1919. Those acts empowered the state department of highways and public works to appropriate rights of way over the lands of individuals in the name of and at the expense of the county but provided no procedure through which the…