Shelton v. State Road Commission

Litz, Judge.-

This is a suit by a landowner to enjoin the state road commission from condemning a triangular paree] of land, defined by the intersection of three state roads in Clay county. Prom a decree granting plaintiff relief, defendant has appealed.

The land is sought to be condemned not for present use, but for the alleged purpose of using a portion thereof as right of way in event of the roads being widened at the intersection. As the widening of the roads at that point (according to the evidence) must be effected by extending the outer boundaries thereof, in order to relieve the…