State v. Hanson

In a warranty deed granting the state an interest in real property, plaintiffs’ predecessors expressly reserved an easement of access to a state highway. The state later denied plaintiffs the access that the deed expressly reserved. Plaintiffs demanded payment for the taking of their easement. The trial court held that the state must pay, and a jury awarded plaintiffs compensation for the taking. The trial court entered judgment for the award plus attorney fees. The state appeals, contending that it is not obligated to pay for the denial of access to a state highway. Plaintiffs cross-appeal,…