PropertyProf Blog

Editor: Stephen Clowney
Univ. of Arkansas, Fayetteville

Wednesday, September 14, 2011

Case of the Week

Glenelk Ass'n, Inc. v. Lewis (Colorado Supreme Court) 2011 WL 4014396

Background:  This case is a real life, modern example of a landlocked piece of property and an owner seeking an easement by necessity.  Lewis owned a landlocked parcel and brought a private condemnation proceeding against Glenelk to obtain an easement over Glenelk's land.

Holding:  The party seeking the private condemnation must state the purpose of the condemnation in a way that enables the trial court to examine the scope and necessity of the proposed easement.

Steve Clowney

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