CALIFORNIA COURT RULES LANDOWNER NOT ENTITLED TO DAMAGES FOR IMPAIRMENT OF ACCESS TO PROPERTY OR FOR LOSS OF VIEW OF PROPERTY FROM HIGHWAY WHICH RESULTED FROM CONSTRUCTION OF FREEWAY ON OTHER PERSON'S PROPERTY

THE PROPERTY INVOLVED HAD A SMALL PORTION TAKEN OUT BY THE CONDEMNER TO FINISH AN INTERSECTION, ALTHOUGH THE FREEWAY WAS NOT CONSTRUCTED ON ANY PART OF THE LAND. IN A PREVIOUS CASE, PEOPLE EX REL. DEPARTMENT OF PUBLIC WORKS V. SYMONS 357 P.2D 451 (1960), THE DECISION BY THE TRIAL COURT DENIED THE OWNER ANY COMPENSATION FOR IMPAIRMENT OF ACCESS. THE APPELLATE COURT POINTED OUT IN THE SYMONS CASE THAT IT WAS SETTLED THAT THE OWNER OF REAL PROPERTY ABUTTING A PUBLIC HIGHWAY HAD AN EASEMENT OF REASONABLE VIEW OF HIS PROPERTY FROM THE HIGHWAY AND THE DESTRUCTION OF IMPAIRMENT OF THAT VIEW WAS THE DESTRUCTION OF A VALUABLE PROPERTY RIGHT. HOW- EVER, THERE WAS NO IMPAIRMENT OF VIEW SINCE AFTER CONSTRUCTION OF THE FREEWAY THERE WAS NOTHING WHICH IMPAIRED OR DIMINISHED THE VISIBILITY OF THE PROPERTY, AND, THEREFORE THE COURT RULED THAT THE VISIBILITY OF THE PROPERTY WAS NOT IMPAIRED. (PEOPLE V. WASSERMAN, 50 CAL. RPTR. 95, MARCH 1966)

  • Supplemental Notes:
    • No 60, 186-1, PP 1-4
  • Publication Date: 1967-1

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  • Accession Number: 00238590
  • Record Type: Publication
  • Files: TRIS
  • Created Date: Jan 31 1994 12:00AM