ROADSIDE PROTECTION THROUGH NUISANCE AND PROPERTY LAW

COURT CASES ARE DISCUSSED ON A ROADSIDE USE ON PRIVATE LANDS ALONG A HIGHWAY WHICH DIRECTLY INTERFERES WITH THE SAFETY AND CONVENIENCE OF HIGHWAY USERS. THE FOLLOWING THREE LINES OF REASONING ARE OBSERVED: (1) PROPERTY LAW DUTIES OF THE ROADSIDE OWNER, (2) THE PUBLIC (HIGHWAY) NUISANCE, AND (3) CONTINUING NEGLIGENT OR INTENTIONAL TORT BY A ROADSIDE OWNER IS ENJOINABLE. THESE THREE LINES OF REASONING SHOW A BASIC DUTY BY AN ABUTTING OWNER TO DO NOTHING ON HIS LAND WHICH WILL INTERFERE WITH FREE AND SAFE PASSAGE ON THE HIGHWAY. CASES CITED CLEARLY ESTABLISH THIS BASIC PRINCIPLE.

• Record URL:
  http://onlinepubs.trb.org/Onlinepubs/hrbbulletin/113/113-004.pdf
• Supplemental Notes:
  • No 113, pp 66-77 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.
• Authors:
  • Beuscher, J H
• Publication Date: 1956

Media Info

• Media Type: Digital/other
• Pagination: 12p
• Monograph Title: Land acquisition, 1955
• Serial:
  • Highway Research Board Bulletin
  • Issue Number: 113
  • Publisher: Highway Research Board

Subject/Index Terms

• TRT Terms: Courts; Decision making; Highway safety; Land use; Laws; Real property; Roadside; Tort liability; Travelers
• Old TRIS Terms: Decisions
• Subject Areas: Design; Environment; Highways; Law; Society;

Filing Info

• Accession Number: 00204739
• Record Type: Publication
• Files: TRIS, TRB
• Created Date: Apr 21 1994 12:00AM