State, by Burnquist v. Flach

Julius J. Olson, Justice.

Appeal by the state from an order distributing an award in a highway condemnation proceeding.

Mary L. Cary was the record owner in fee of the involved property, subject to taxes levied and assessed for the year 1932 and subsequent years, when the state highway department on September 23, 1940, brought this proceeding to condemn her property for trunk highway purposes. (Hereafter we shall refer to her as the owner.) In the condemnation proceeding she was named the “owner in fee” of the premises, the state being listed as the “holder of tax certificate and personal…