The opinion
TATE and HOOD, Judges
(concurring).
We concur in the majority opinion and in the denial of rehearing with grave doubts that the landowner’s tract should be subject to appropriation under these circumstances. However, in view of the somewhat conflicting jurisprudence, we concur because the Supreme Court alone can resolve the apparent inconsistencies between the decisions relied upon by the appellant and those relied upon by the appellee.