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Title: SUPREME COURT OF SOUTH DAKOTA HOLD OWNERS ENTITLED TO COMPENSATION FOR DAMAGES PECULIAR TO THEIR PROPERTY WHICH WERE CAUSED BY MATERIAL INTERFERENCE WITH ACCESS THERETO
Accession Number: 00238588
Record Type: Component
Abstract: THE CLAIMANTS OWNED 2 LOTS ON A MAIN HIGHWAY WHICH WAS CONVERTED INTO AN INTERSTATE HIGHWAY. BEFORE THE STATE CHANGED THE STATUS OF THE HIGHWAY, THE OWNERS HAD DIRECT ACCESS FROM THEIR CORNER PROPERTY. WHEN THE STATE ERECTED A STEEL BARRIER AROUND THEIR PROPERTY, THE OWNERS LOST ACCESS TO THE HIGHWAY BUT HAD ACCESS TO THE OTHER STREET. THUS, THE PROPERTY DECREASED IN VALUE AND THE SUPREME COURT UPHELD THE REFEREE'S JUDGEMENT BY AWARDING THE OWNERS THE AMOUNT THAT THEY HAD LOST SINCE THE BARRIER HAD BEEN ERECTED. THE SUPREME COURT STATED THAN AN OWNER OF PROPERTY ABUTTING ON A HIGHWAY HAD A RIGHT OF ACCESS WHICH COULD NOT BE TAKEN FOR PUBLIC USE OR MATERIALLY IMPAIRED WITHOUT COMPENSATION. (HURLEY V. STATE, 143 N.W. 2D 722, JUNE 1966)
Supplemental Notes: No 59, pp 3-4. 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: Identifier Terms: Uncontrolled Terms: Subject Areas: Highways; Law
Files: TRIS, TRB
Created Date: Feb 10 1994 12:00AM
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