State Ex Rel. Department of Highways v. Helehan

In a highway condemnation action, the district court of Silver Bow County entered judgment for the property owner in the amount of $87,742.04. The State of Montana appeals from the judgment and denial of its motion to alter or amend the judgment.

The action was originally filed by the State in 1965 against multiple defendants owning fractional interests in the property sought to be condemned. By 1976 the only remaining defendant was Thomas Helehan who owned a 1/8 interest in the property.

Commissioners were appointed to determine the value of Hele-han’s interest in the property. On June 15,…