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.