Groundwater v. Wright

Plaintiff appeals from a judgment on a jury verdict in the Fergus County District Court in his condemnation action for a private road across defendants’ tract to plaintiff’s property. The jury found no necessity for the road. Judgment was entered in favor of defendants.

Plaintiff owns 320 acres of land in Fergus County to which there is no established access of record. South of this parcel and across defendants’ property there is a county road that runs east and west. From this county road there is a trail which also crosses defendants’ land. The trail runs in a northwesterly direction and is…