Kravec v. State

Cardamone, J. (dissenting).

The State appropriated a permanent easement "in, on and over” claimant’s land. The majority hold that claimant’s right to use the property as set out in the reservation clause of the easement includes a right of access. We cannot agree. The easement is defined in exceedingly broad terms. The reservation clause conditions claimant’s right to use its property provided it does not interfere with the exercise of the State’s easement and, as such, neither diminishes the scope of the permanent easement nor renders the description of the easement ambiguous (Wolfe v State…