State Ex Rel. State Highway Commission v. Mauney

CHAVEZ, Justice..-This is an action for a declaratory judgment, filed by the State .Highway Commission . of New Mexico, which alleged that their actions concerning the defendants’ property were a proper exercise of the police power of the state and that no compen-sable taking 'of defendants’ access to State Road 422 resulted from those actions. The trial court rendered judgment for the defendants and the petitioner appeals.

The petitioner-appellant will be referred to as the “Commission,” and the defendants-appellees will be referred to as the “landowners.” The defendant-lessee, whose rights…