Highway easement not available to water utility

Edward L. Benno owned two parcels of land that extended to the center line of Route 120 so that the south 25 feet of his property was used by the state for highway purposes. The Central Lake County Joint Action Water Agency was laying 32 miles of water transmission line, including the line under the shoulder of route 120. The lines were completed on either side of Benno's property, but the agency needed to connect the lines to pressure test them. The agency had consent from the state Department of Transportation (DOT) to install the line along Route 120. Originally, the agency intended to place the line on a portion of Benno's property not subject to the highway easement. However, Benno demanded nearly $200,000 for such an easement; therefore, the agency relocated the line to the highway right‐of‐way. Benno sued the agency for trespass and for a restraining order. The trial court ruled for the agency, but that decision was reversed on appeal.