State Ex Rel. Rich v. Fonburg

KEETON, Chief Justice.

This is an eminent domain proceeding brought by the State and its Board of Highway Directors, to condemn in fee simple absolute, 12.76 acres of defendant’s farm, for highway purposes. The complaint also prays that defendant’s access to said road from the land which the proposed highway crosses, be prohibited and restrained.

There is now in existence U. S. Highway No. 95, running to and from Culdesac, Winchester and other points, and defendant formerly enjoyed access to said highway at the Western Boundary of his land. The new road, when constructed, will eliminate the…