ELR Citation: ELR 20322
No(s). 24,380 (9th Cir. Mar 23, 1973)

A summary judgment against defendants who are asserting an easement across public land for a road presently under construction is overturned, and the case remanded. Whether the defendants are entitled to the easement of necessity because their land is surrounded by public land is an issue of fact which must be litigated. The court notes that an old statute upon which defendants rely was intended to legitimize previously existing roads, rather than to open public lands to future road construction.

For a Comment discussing the statute (R.S. §2477) see 2 ELR 10015.

Counsel for Plaintiff
Robert L. Mayer Assistant Attorney General
Land and Natural Resources Division
Department of Justice
Washington, DC 20530

Counsel for Defendant
Gregory R. Harris
Barnes, Schag, Johnson & Kennedy
4525 MacArthur Boulevard
Newport Beach, CA 92660