United States v. 5.61 Acres of Land, more or less, situate in the County of El Dorado

HALBERT, District Judge.

In this action, a proceeding in eminent domain by plaintiff to condemn a right of way for a road on the property of defendant, Rhyolite, Inc., plaintiff has submitted a request for a pretrial order. This matter was presented orally, each party has tendered memoranda in support of his respective position, and the matter is now ready for decision and determination. The sole issue presented by the parties in their memoranda is-whether plaintiff may have a “secondary” easement in the roads sought to be condemned incident to its already existing easements for canals and…