People v. Al. G. Smith Co. Ltd.

Appellants Sawdays are the owners of a tract of land lying west of and adjacent to state Highway 99 north of the city of El Centro. This property consists of 600 acres and has approximately 2,000 feet frontage on the highway. Respondent sought to condemn a right of way in fee and access rights for freeway purposes affecting the property over which an easement for a public highway already existed and which, for many years, had been used as a public road. There was reserved to appellants, as owners of the abutting lands, the right of access to the freeway at three separated 30-foot sections.

Appe…