Board of Transportation v. Turner

MARTIN, Judge.

Defendants Morrisette assert basically two grounds in support of their contention that they are entitled to all the proceeds: first, they contend that they retained, by an express exception in the October 1970 deed to the Turners, a fee simple interest in the right-of-way for ten (10) years; and second, they contend that by express language in the same exception, they reserved the right to all proceeds resulting from a condemnation of the right-of-way. While we do not agree with the first position taken by defendants Morrisette, we find merit in their second contention.

The…