Monacelli v. State

Due to the improper construction and negligent maintenance of the banks and bottom of the Barge Canal, water seeped through and accumulated on the so-called Otto-Squires property. The State appropriated on that property an easement for floodage and seepage purposes, excepting from said appropriation all rights, titles, interest and uses save the perpetual easement to overflow and flood the described lands, by seepage and leakage. Included in the rights, titles, interest and uses so excepted, was the right of the owner of the Otto-Squires property and those claiming under him to use that…