State Highway Department v. Lumpkin

Quillian, Justice.

This case arose upon the condemnation by the Highway Department of the right of way for the purpose of constructing a limited access highway through the lands of Mrs. Lumpkin. This divided her lands into two separate parcels situated on opposite sides of the proposed highway. The Highway Department in its declaration of taking of the condemnee’s land declared: “The title, estate, or interest in the above described lands, required by condemnor and now taken by condemnor for public use is as follows — Fee simple title to the above described lands and all rights of access…