Martin v. City of Bethany

The question for decision is whether the town of Bethany acquired a fee-simple title to the tract of land here involved, containing 3.37 acres, under condemnation proceedings.

The land was condemned in 1926 for sewer and septic ,tank purposes and the condemnation award was paid out of the proceeds of a bond issue voted for said purposes. The condemnation proceedings did not use the term “fee simple” and did not expressly state the interest intended to be taken. The final judgment approving the jury verdict and condemning the land provided that “plaintiff is entitled to enter upon and take…