SUPREME COURT OF COLORADO RULES OWNERS NOT ENTITLED TO COMPENSATION FOR CIRCUITY OF TRAVEL AND DIVERSION OF TRAFFIC

THE OWNERS OF PROPERTY BROUGHT AN INVERSE CONDEMNATION ACTION AND ALSO SOUGHT EXEMPLARY DAMAGES FOR AN ALLEGED DISREGARD OF THIER RIGHTS CAUSED BY THE CONSTRUCTION OF A COMPLEX INTERCHANGE. THEY CLAIMED THAT THE CONSTRUCTION OF THE INTERCHANGE HAD SUBSTANTIALLY DESTROYED BOTH THEIR INGRESS AND EGRESS TO THEIR PROPERTY AND THAT CUSTOMERS AND EMPLOYEES NOW FOUND IT ALMOST IMPOSSIBLE TO LOCATE THEM. THEY ALSO CONTENDED THAT DRIVING DISTANCES TO REACH THEM HAD BEEN INCREASED. THE TRIAL COURT RENDERED A JUDGEMENT ADVERSE TO THE OWNERS HAD THEY APPEALED. THE SUPREME COURT FOUND THAT THE OWNERS SUFFERED NO GREATER LOSS IN KIND THAN THE GENERAL PUBLIC, ALTHOUGH THEY POSSIBLY SUFFERED A GREATER DEGREE OF INJURY DUE TO THE PARTICULAR TYPE OF BUSINESS IN WHICH THEY WERE ENGAGED. THEY WERE, THEREFORE, NOT ENTITLED TO BE COMPENSATED FOR ANY DAMAGES RESULTING FROM CIRCUITY OF TRAVEL OR DIVERSION OF TRAFFIC. (RADINSKY V. CITY AND COUNTY OF DENVER, 410 P. 2D 644, JAN 1966)

  • Supplemental Notes:
    • No 48, pp 3-4
  • Publication Date: 1966-9

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  • Accession Number: 00238585
  • Record Type: Publication
  • Files: TRIS
  • Created Date: Feb 10 1994 12:00AM