A COURT IN OHIO RULES LOSS OF INDIRECT ACCESS TO MAIN HIGHWAY NOT COMPENSABLE BUT AVAILABILITY OF THAT ACCESS MUST BE CONSIDERED IN DETERMINING VALUE OF PROPERTY BEFORE THE TAKING OF A PART THEREOF

A MOTEL WAS BUILT IN 1956 AT THE INTERSECTION OF BIBLE ROAD AND U. S. ROUTE 25, NORTH AND EAST OF LIMA, OHIO. IN ORDER TO CONVERT U. S. 25 TO 175, THE MOTEL LOST PART OF ITS PROPERTY AND INDIRECT ACCESS TO THE MAIN HIGHWAY. THE COURT AWARDED THE OWNERS $3500 FOR THE CONDEMNED LAND AND $23,000 FOR DAMAGES TO THE REMAINING LAND. THE MOTEL OWNERS APPEALED ON THE GROUNDS THAT THEIR LAND WAS APPRAISED ON THE ERRONEOUS AND ILLEGAL PREMISE THAT THEY HAD NO RIGHT OF ACCESS TO U. S. 25. HOWEVER, THE ACCESS WAS NOT TAKEN FROM THEM UNTIL PREPARATIONS FOR THE INTERSTATE HIGHWAY BEGAN AND, THEREFORE, SHOULD HAVE BEEN INCLUDED IN DETERMINING THE VALUE OF THEIR LAND. THE COURT JUDGED THAT ALTHOUGH THE OWNERS COULD NOT BE COMPENSATED FOR THE LOSS OF ACCESS, THE ACCESS HAD TO BE CONSIDERED IN THE APPRAISAL. (IN REAPPROPRIATION OF EASEMENTS FOR HIGHWAY PURPOSES, 215 N. E. 2D 612, MARCH 1966)

  • Supplemental Notes:
    • No 56, pp 1-2
  • Publication Date: 1966-10

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  • Accession Number: 00238581
  • Record Type: Publication
  • Files: TRIS
  • Created Date: Feb 10 1994 12:00AM