
"Only the driveway's for sale," the Judge explained, "not the house." Any sale of the driveway would not effect Judge Peckham's rights of ingress and egress to his home since a perpetual easement over the driveway would be granted to the owner of the house.
The impetus for the idea, according to Judge Peckham, was cash: "For quite some time, I have been enduring a funding crisis with no feasible, comprehensive solution," the Judge explained. "But I figured that if I got, say, $10 billion for the driveway, that money would be put into interest-bearing investments. At an 8 percent rate, it would generate $800 million a year for my transportation and other household needs."
According to the Judge, the purchaser would be free to erect toll booths and sell advertising and franchising rights along the 200-foot stretch. "Of course," the Judge quickly noted, "I would be immune from any tolls."