Legal Opinion

State ex rel. State Highway Commission v. Ostwalt

Montana Supreme Court

Decided May 12, 1969No. 11554PublishedCited by 1 opinion

1Opinion of the CourtJustice Castles

delivered tbe Opinion of the Court.

This is a highway condemnation case. The landowner’s farm consisted of seventy-two acres with some improvements. The landowner had 68 acres under cultivation. The State took 9.22 acres from the farm in a strip off the south side, and there was no separation of any part of the lands of the owner. The land is irrigated and drains from north to south toward the new highway.

A Commissioner’s hearing had been had, an award made, and the State appealed. Trial was had before a jury, and a verdict finding the value of the land taken was $4,861.70 and damages to the…

2Cases cited5 opinions

  1. Yellowstone Park Railroad v. Bridger Coal Co.Montana Supreme Court · 1906
  2. Gustafson v. Northern Pacific Railway CompanyMontana Supreme Court · 1960
  3. Morrison v. City of ButteMontana Supreme Court · 1967
  4. Gallatin Valley Electric Ry. v. NeibleMontana Supreme Court · 1919
  5. Smith v. ArmstrongMontana Supreme Court · 1948

3Cited by1 opinion

  1. McGee v. Burlington Northern, Inc.Montana Supreme Court · 1977

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