|
|
|
Title: NEBRASKA SUPREME COURT RULES TENANTS OF PROPERTY MAY BE ENTITLED TO DAMAGES FOR SUBSTANTIAL IMPAIRMENT OF ACCESS THERETO EVEN THOUGH THEY WERE PROVIDED WITH A FRONTAGE ROAD
Accession Number: 00238786
Record Type: Component
Abstract: THE TENANTS ON THE PROPERTY INVOLVED HAD CONSTRUCTED A BUILDING TO OPERATE A RESTAURANT AND TAVERN WHICH WAS ENTIRELY A DRIVE-IN BUSINESS. AT THAT TIME THERE WERE TWO DRIVEWAYS WHICH PROVIDED DIRECT ACCESS TO THE PROPERTY FROM CORNHUSKER HIGHWAY. THE STATE CONDEMNED A STRIP OF LAND 12 FEET IN WIDTH ACROSS THE SOUTH END OF THE PROPERTY, TOGETHER WITH THE RIGHT OF ACCESS TO CORNHUSKER HIGHWAY EXCEPT BY MEANS OF A ONE-WAY FRONTAGE ROAD. THE JURY RETURNED A VERDICT FINDING FOR THE TENANTS, BUT ASSESSED NO AMOUNT FOR THEIR RECOVERY. THE STATE APPEALED FROM AN ORDER WHICH SET ASIDE THE VERDICT AND GRANTED THE TENANTS A NEW TRIAL. THE SUPREME COURT SUSTAINED THAT ORDER. THE STATE ARGUED THAT THE TENANTS COULD NOT RECOVER DAMAGES BECAUSE THEIR RIGHT OF ACCESS WAS TAKEN BY AN EXERCISE OF THE POLICE POWER. THE SUPREME COURT STATED THAT THE FACT THAT THE IMPROVEMENT OF THE HIGHWAY WAS AN EXERCISE OF THE POLICE POWER DID NOT DETERMINE WHETHER THE LANDOWNER OR LESSEE WAS ENTITLED TO RECOVER DAMAGES. THE STATE ALSO ARGUED THAT AN ABUTTING LANDOWNER OR LESSEE WAS NOT ENTITLED TO DAMAGES FOR LOSS OF DIRECT ACCESS TO A HIGHWAY IF ACCESS WAS PROVIDED TO A FRONTAGE ROAD. THE SUPREME COURT POINTED OUT THE RIGHT OF A LANDOWNER OR LESSES TO JUST COMPENSATION FOR PROPERTY TAKEN OR DAMAGED FOR PUBLIC USE. AN ABUTTING PROPERTY OWNER TO A HIGHWAY HAD AN EASEMENT OF INGRESS AND EGRESS TO AND FROM HIS PROPERTY WHICH CONSTITUTED A PROPERTY RIGHT. THE STATE COULD NEITHER TAKE NOR DAMAGE SUCH EASEMENT BELONGING TO AN ABUTTING PROPERTY OWNER WITHOUT JUST COMPENSATION.
Supplemental Notes: No 3, pp 1-2. 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: 1965-6
Serial: Media Type: Digital/other
TRT Terms: Uncontrolled Terms: Old TRIS Terms: Subject Areas: Economics; Highways; Law
Files: TRIS, TRB
Created Date: Aug 3 1970 12:00AM
More Articles from this Serial Issue: |
