Weidner v. State, Department of Transportation & Public Facilities

OPINION

MATTHEWS, Justice.

This case involves a public road built in 1952 and reconstructed in 1968. A portion of the road traverses privately-owned property. The State admittedly has a valid easement for the road as originally built. The private landowner claims, however, that in reconstructing the road in 1968 the State changed the course of the road and thereby took an additional easement over the altered path of the roadway. The State denies that the path of the road ever changed. Alternatively, the State argues that even if such a change occurred, the landowner’s suit for inverse…