|
|
|
Title: HIGHEST COURT OF PENNSYLVANIA DECIDES DIVERSION OF TRAFFIC BY CONSTRUCTION OF MEDIAL DIVIDERS MAY NOT BE CONSIDERED IN DETERMINING AFTER VALUE OF CONDEMNEE'S PROPERTY
Accession Number: 00238587
Record Type: Component
Abstract: THE PROPERTY WAS LOCATED ON THE SIDE OF A THREE-LANE PUBLIC HIGHWAY AND HAD BEEN IMPROVED BY ADDING SEVERAL BUSINESSES DEPENDENT ON THE TRAFFIC. IN THE PROCESS OF ENLARGING THE HIGHWAY, THE HIGHWAY DEPARTMENT CONDEMNED A PORTION OF THE PROPERTY, CONSTRUCTED A CONCRETE CURB ALONG THE HIGHWAY IN FRONT OF A GASOLINE STATION, PROVIDED ACCESS TO AND FROM THE PROPERTY AT TWO POINTS ALONG THE HIGHWAY AND ERECTED A CONCRETE DIVIDER FOR THE SAFETY AND EFFICIENCY OF TRAFFIC FLOW. THE LOCATION OF THE MEDIAN DIVIDERS WAS AN IMPORTANT ISSUE BEFORE THE TRIAL. APPELLATE, AND SUPREME COURTS BECAUSE THE DIVIDERS DIVERTED THE TRAFFIC FROM THE CONDEMNEES BUSINESSES. THE SUPREME COURT RULED THAT THE OWNER OF LAND ABUTTING ON A HIGHWAY HAD NO PROPERTY OR OTHER VESTED RIGHT IN THE CONTINUANCE OF A CERTAIN AMOUNT OF TRAFFIC AS LONG AS HE WAS NOT DEPRIVED OF REASONABLE ACCESS TO HIS PROPERTY. (WOLF V. COMMONWEALTH, 220 A. 2D 868, JUNE 1966)
Supplemental Notes: No 59, pp 1-3. Distribution, posting, or copying of this PDF is strictly prohibited without written permission of the Transportation Research Board of the National Academy of Sciences. Unless otherwise indicated, all materials in this PDF are copyrighted by the National Academy of Sciences. Copyright © National Academy of Sciences. All rights reserved.
Publication Date: 1966-11
Serial: Media Type: Digital/other
TRT Terms: Uncontrolled Terms: Subject Areas: Highways; Law
Files: TRIS, TRB
Created Date: Feb 10 1994 12:00AM
More Articles from this Serial Issue:
|
