People v. Sayig

The state brought this proceeding in eminent domain to condemn, for highway purposes, defendants’ interests, if any, in a 15-foot strip of land fronting defendants’ properties. Admittedly, defendants have title to the underlying fee of the strip in question. The complaint, as amended, alleged that all of the property sought to be condemned “is subject to an easement or prescriptive right of the public for public travel thereover by vehicular and pedestrian traffic.” The trial court found this allegation to be true, and further found that the bare fee title, subject to the public easement, was…