Oliver v. State Ex Rel. Commissioner of Transportation

OPINION

ROSS, Judge.

This appeal arises from the district court’s refusal to order the state to condemn a private property interest in rural Clay County after the state closed access to a privately owned roadway that had linked the claimants’ parcel to Highway 10 since 1955. More precisely, Dean and Delores Oliver brought a mandamus action in the district court to compel the state to condemn their property interest in an easement over their neighbors’ property that allowed the Olivers to access Highway 10. The district court granted summary judgment to the state. We reverse and remand because…