Loveless v. Joelex Corporation, Inc.

KENNEDY, Justice.

The defendant appeals from a condemnation judgment in favor of the plaintiff, Joe-lex Corporation, Inc.

The issue is whether private condemnation proceedings are available to a property owner whose property is contiguous to an interstate highway to which he has no access.

The plaintiff owns 5.89 acres of land contiguous to and directly north of property owned by the defendant, Thomas Loveless. The property owned by the plaintiff also borders Interstate Highway 59, which in places is known as Powder Plant Road and in other places is known as Academy Drive. That portion of the…