The Glenelk Ass’n, Inc. v. Lewis

In this case, the District Court for Jefferson County dismissed a condemnation petition for a private way of necessity because the developer of the allegedly landlocked parcel did not sufficiently define the scope of and necessity for the proposed condemnation. Evidence showed that the development might vary from one to thirty residential dwellings which prevented the court from entering a condemnation order that would minimize the burden to be placed upon condemnee’s property. The court of appeals ruled that the condemnation could proceed based only upon the zoning of the condemnor’s property. The Supreme Court disagreed with the appellate court, and reinstated the district court’s judgment. The Supreme Court held that, when a petitioner seeks to condemn a private way of necessity for access to property it wishes to develop in the future, it must demonstrate a purpose for the condemnation that enables the trial court to examine both the scope of and necessity for the proposed condemnation, so that the burden to be imposed upon the condemnee’s property may be ascertained and circumscribed through the trial court’s condemnation order. The record in this case supported the trial court’s dismissal of the condemnation petition.