State v. Helm

I regret that I cannot concur in the disposition of this case by the majority of the Court. The sole issue presented to this ■Court by the application to abandon the proceedings with respect to appellee-lessees, is whether, when the condemning authority •acquires a title in fee simple to property by Tight of eminent domain, lesser interests in the property, such as a leasehold, are -thereby included in the taking. If the answer lies in the affirmative, the decision in this case must be regarded as wholly erroneous.

A lessee of property is an “owner” in the constitutional sense for the taking…