Brower v. Putnam County

We are called upon to review a judgment in condemnation. The action was brought by Putnam County, at the request of the State Road Department, to secure a right of way to construct a section of State Highway No. 3. The appellants defended the action on the theory that State Road No. 3 was located, constructed and subsequently officially designated by the legislature in 1923. (Chapter 9511). The evidence shows that the State Road Department surveyed this road and supervised its construction upon a fifty foot right of way at an average distance of approximately one quarter of a mile away .from…