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Title: DAMAGES TO PROPERTY CAUSED BY PLACING ISLANDS IN STREET NONCOMPENSABLE, RULES SUPREME COURT OF NEBRASKA
Accession Number: 00238787
Record Type: Component
Abstract: THE NEBRASKA DEPARTMENT OF ROADS ACQUIRED A 3-FOOT STRIP OF LAND ALONG THE WEST SIDE OF THE CONDEMNEES' LAND FOR THE PURPOSE OF WIDENING A STREET. PRIOR TO THE ACQUISITION, THE OWNERS HAD DIRECT ACCESS TO THE HIGHWAY FROM ALL POINTS OF THEIR PROPERTY. HOWEVER, AFTER CONSTRUCTION OF THE IMPROVEMENT, INGRESS AND AGRESS WAS LIMITED TO THREE 30-FOOT CURB CUTS AND AN ISLAND WAS PLACED IN THE STREET AT THE SAME TIME. THE ISLAND PREVENTED SOUTHBOUND TRAFFIC FROM TRUNING LEFT INTO THEIR PROPERTY, AND CAUSED A LARGE DIMINUTION IN THE VALUE OF THEIR PROPERTY. A VERDICT WAS RETURNED FOR THE CONDEMNEES AND THEY APPEALED BECAUSE THE AWARD WAS INSUFFICIENT. THE SUPREME COURT HELD THAT THE OWNERS WERE ENTITLED TO RECOVER DAMAGES TO THE PART OF THEIR LAND WHICH WAS NOT TAKEN WHICH RESULTED FROM THE CONDEMNATION OF THE STRIP OF LAND PUTTING IT TO PUBLIC USE. HOWEVER, THE CONSTRUCTION OF THE ISLANDS AND THE CHANGE OF TRAFFIC DIRECTION WAS NOT THE RESULT OF THE TAKING AND DAMAGES RESULTING FROM THE CONTROL OF TRAFFIC WERE NOT COMPENSABLE. AN ABUTTING LANDOWNER HAS NO VESTED INTEREST IN THE FLOW OF TRAFFIC PAST HIS PREMISES. MERE CIRCUITY OF TRAVEL TO AND FROM REAL PROPERTY DOES NOT CONSTITUTE IMAIRMENT OF THE RIGHT OF INGRESS AND EGRESS TO AND FROM SUCH PROPERTY.
Supplemental Notes: No 3, pp 2-3. 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: 1965-6
Serial: Media Type: Digital/other
TRT Terms: Uncontrolled Terms: Old TRIS Terms: Subject Areas: Highways; Law; Operations and Traffic Management
Files: TRIS, TRB
Created Date: Jul 21 1970 12:00AM
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