Boynton v. Canal Authority

SPECTOR, Chief Judge.

Appellants seek reversal of a final judgment condemning a fee simple interest in land already subject to an easement interest in favor of appellee. In 1965, the Canal Authority instituted a suit to condemn 540 acres of appellants’ land in connection with the Rodman Pool Reservoir. The court found at that time that only an easement interest was needed and awarded compensation for the easement.

Several years later, the Canal Authority again sought to condemn the fee simple interest and this time the lower court found fee simple title necessary for the total management and…