ELLIS, Judge (dissenting from the refusal to grant a rehearing).
The court below recognized the authority of the Department of Highways to take a servitude for construction and maintenance of a public highway, but found that the use to be made thereof by the State and the public had to be limited to highway purposes. The Department appealed, contending that the trial court erred in holding that the access canal expropriated was "not a part of the State highway system...
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