Sullivan

The state seeks to condemn in fee a parcel of land adjoining a state highway and to condemn an easement in property *122 adjoining the parcel to be taken in fee. After a hearing in which the issue of the right to condemn was decided against the landowners, 1 the parties stipulated to the amount to be paid and a final judgment of condemnation was entered. The landowners appeal; we affirm.

In light of the stipulation, the only issue raised and argued on this appeal is the right of the state to condemn the fee and easement involved. The landowners raise two contentions; (I) that, in fact, the state is not using the condemned property; and (2) that there was no environmental impact report for the proposed use of the property. We reject both contentions.

I

Originally the state sought to condemn in fee all of the property herein involved and it secured an order for immediate possession. Negotiations followed, resulting in an amended complaint seeking only an easement over part of the property. Some two years had elapsed before the case came on for hearing on the amended complaint. The highway involved is in an area subject to earth slides, one of which had seriously damaged…