00488264

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This paper deals with the rights of a landowner whose property abuts on a conventional road that is converted into a limited-access highway. In the typical situation prior to the conversion the owner has direct access to the adjoining unlimited access highway and after the conversion his means of ingress to and egress from the new controlled-access highway is limited either to travel along a frontage road that has a point or points of connection with the new highway, or, in the event his property abuts on another existing public road, he is relegated to travel along such road to a point where it connects directly, or through other roads in the public highway system, with the new highway. In either case his travel is circuitous when compared to his former right of direct access. The question is whether he is entitled to damages for the impairment of his former right of direct access. This paper does not cover the situation where the limited-access highway is constructed on an entirely new location, or the situation where after the conversion the owner is landlocked with no means of access to the new highway. Basically, the question is one of the adequacy of substitute access, and the answer is that if the substitute access is "reasonably" adequate, the owner is not entitled to compensation, but if the substitute access is not "reasonably" adequate, or constitutes a "material" or "substantial" impairment of the former right of access, the owner is entitled to compensation. The measure and elements of damage where compensation is required are also discussed in this paper.

Page range: 936-N339 through 936-N361.

Addendum 4

23 p.

1988-6

Selected Studies in Highway Law

0-309-02434-X

References

Employee compensation; Highway law; Loss and damage; Right of way (Land)

Compensation; Conversion; Limited access

Highways; Law; I10: Economics and Administration

TRIS, TRB

Sep 30 1989 12:00AM

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• EXACTION OF RIGHT-OF-WAY BY EXERCISE OF POLICE POWER
• FIRST AMENDMENT ASPECTS OF CONTROL OF OUTDOOR ADVERTISING
• LEGAL AND PROCEDURAL ISSUES RELATED TO RELOCATION ASSISTANCE
• LEGAL TECHNIQUES FOR RESERVING RIGHT-OF-WAY FOR FUTURE PROJECTS INCLUDING CORRIDOR PROTECTION
• LIABILITY FOR HIGHWAY DRAINAGE DAMAGE: SUPPLEMENTARY MATERIAL
• LOCAL PLANS AND LAND-USE CONTROLS IN RELATION TO HIGHWAYS AND THEIR USE: SUPPLEMENTARY MATERIAL
• MINERAL RIGHTS IN RIGHTS-OF-WAY: ACQUISITION, VALUATION, AND DISPOSITION
• PAYMENTS TO PUBLIC UTILITIES FOR RELOCATION OF FACILITIES IN HIGHWAY RIGHTS-OF-WAY: SUPPLEMENTARY MATERIAL
• PLANNING AND PRECONDEMNATION ACTIVITIES AS CONSTITUTING A TAKING UNDER INVERSE LAW
• SELECTED STUDIES IN HIGHWAY LAW--ADDENDUM 4
• VALUATION AND CONDEMNATION OF ADVERTISING SIGNS AND RELATED PROPERTY INTERESTS UNDER THE HIGHWAY BEAUTIFICATION ACT: SUPPLEMENTARY MATERIAL