Kellett v. Salter

Jordan, Justice.

The subject of this appeal is a condemnation action brought by the Salters for a private way of necessity over the land of Kellett. A jury awarded the Salters a 200-by-20 foot easement in exchange for $500 in compensation. Kellett appeals contending that the Salters intentionally landlocked themselves by not reserving an easement over other parcels of land they had recently sold, and that an easement over his land was not "absolutely indispensable” for their access to a public road. Held:

1. The Salters proceeded in their condemnation action pursuant to the rules found in…