Shields v. Garrison

Bridgewater, A.C.J.

— Mehta Shields appeals the compensation awarded in her condemnation action for a way of private necessity, arguing that only nominal damages should have been awarded because the easement was over an existing roadway and there was no damage to the remaining property, and that attorney fees were not appropriate. We hold that a way of private necessity can be taken over an existing roadway, that the roadway is considered as an improvement, that the owner is entitled to an award that represents the fair market value of the easement, and that cost of the roadway is a legitimate…