Agency of Transportation (AOT) filed complaint seeking a determination of necessity for the proposed highway interchange project that would involve taking private land.
The Superior Court determined that the taking was necessary and that AOT satisfied its pre-suit obligation to negotiate with landowner. Landowner appealed.
The Supreme Court held that:
- Competent evidence supported finding that AOT taking of land for highway interchange project was necessary;
- Competent evidence supported finding that AOT considered the statutory factors for determining that taking of land for highway interchange project was necessary; and
- AOT complied with statutory mandate to negotiate with landowner prior to filing condemnation suit.