Tate v. Loper

HOLMES, Judge.

This is a condemnation case.

Appellants, the Tates, appeal from a judgment of the Washington County Circuit Court condemning a right-of-way across the Tates’ land and awarding damages in the amount of $2,471.

*894The following facts are pertinent.

The appellees, the Lopers, owned certain land which is not adjacent or contiguous to any public road or highway. In accordance with § 18-3-1, Ala.Code (1975), Mr. Loper initiated proceedings to acquire a right-of-way over the Tates’ land to the public highway.

Evidence at trial showed that there were three potential routes of access to the…