Department of Transportation v. Lowderman, LLC

I respectfully dissent. I agree with the majority’s conclusion that the trial court erred in finding that section 4 — 210 restricts Lowderman’s property from being landlocked. Where I disagree with the majority is over the question of whether any access rights remain after the State has acquired all direct access rights to Route 136.

The record reflects that the State acquired through condemnation “all of the rights of access” to the remainder property at issue. All that was left after condemnation was a statement in the order that “[ajccess to the remaining land of the Grantor shall be…