State Highway Comm'r v. Davis

In State Highway Comm'r v. Davis, 87 N.J. Super. 377, 378, 209 A.2d 633 (App.Div.), certif. denied, 46 N.J. 135, 215 A.2d 30 (1965), the Commissioner acquired land from the defendant to build a highway. Thereafter, the Commissioner acquired another parcel of the defendant's property in order to build an access road to the landlocked property of defendant's neighbors. Id. at 378-79, 209 A.2d 633. The only issue in that case was whether the Commissioner's later acquisition by condemnation to free landlocked properties was for a proper public use as distinguished from an impermissible private use. Id. at 378, 209 A.2d 633. The Court validated the acquisition.