Hamai v. Witthaus’s Empirical Analysis

Citation profile

3 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In an action for a private road pursuant to section 228.342, 3 a plaintiff must show that he or she owns the land, that no public road goes through or alongside the tract of land, and that the private road petitioned for is a way of strict necessity. Strict necessity has been interpreted to mean the absence of a reasonably practical way to and from plaintiffs land that the plaintiff has a legally enforceable right to use. Convenience does not satisfy the requirement of strict necessity. Rather strict necessity means the lack of a legally enforceable right to use a practicable way to and from a person’s land, either private or public.”

   1 later decision quote this exact passage
   e.g. Johnston v. Shoults