Hesse v. State Soil Conservation Committee

Caplan, Judge:

This matter is before the Court on certification from the Circuit Court of Mineral County. The plaintiffs, Hobart W. Hesse and Muriel F. Hesse, his wife, are the owners of a tract of land in Mineral County, containing approximately 202 acres. A small stream known as Whipp’s Run flows through their property. Adjacent to and above the Hesse land on Whipp’s Rim is a 109 acre tract of land owned by the State Soil Conservation Committee. The Committee granted to Potomac Valley Soil Conservation District an easement on its land for the purpose of constructing a flood-prevention dam. A…