McKenney v. Anselmo

SPEAR, Justice.

Appellant, Dennis McKenney, brought this action in district court, Bonner County, to condemn a road right-of-way across respondents Harold and Barbara J. Anselmo’s property pursuant to I.C. § 7-701 (S) which provides that by-roads leading from highways to residences and farms may be condemned for public use. McKen-ney maintains that a “road” which cuts across the Anselmos’ property affords the single all-year vehicular access to that property owned by him. The district court concluded however that appellant’s property was neither used as a farm nor a residence such that this…