Greenwood v. State ex rel. Road Commission

ELLETT, Justice:

This is an appeal by the State Road Commission from a summary judgment holding that respondents have a compensable interest in land which they do not own and which was taken for the construction of a freeway.

The facts of this case show that a freeway was constructed between land owned by respondents and a large canal from which water was diverted into lateral ditches to irrigate lands belonging to respondents. No land of respondents was taken, but they claim some sort of a “walking right” along the lateral ditch bank to make certain that they get their proper share of…