SOUTH CAROLINA SUPREME COURT DECIDES CONDEMNEE ENTITLED TO COMPENSATION FOR LOSS OF ACCESS TO EXISTING HIGHWAY BUT FRONTAGE ROAD CAN BE A MITIGATING FACTOR

THE CONDEMNEE OWNED A TRACT OF LAND OVER WHICH A STATE HIGHWAY HAD BEEN CONSTRUCTED YEARS AGO, BUT THE INSTANT CONDEMNATION PROCEEDING WAS INSTITUTED WITH THE ACQUISITION OF A RIGHT-OF-WAY FOR INTERSTATE 85, WITH ONE LANE TO BE BUILT ON TOP OF THE FIRST HIGHWAY. THE QUESTION TO BE DECIDED WAS WHETHER A LANDOWNER WAS ENTITLED TO COMPENSATION FOR THE LOSS OF ACCESS TO AN EXISTING HIGHWAY, WHEN A CONTROLLED-ACCESS FACILITY WAS CONSTRUCTED ON TOP OF IT, WHERE A FRONTAGE ROAD WAS PROVIDED ALONG THE ENTIRE EXTREMITY OF THE LANDOWNER'S PROPERTY. THE APPELLATE COURT HELD THAT THE LANDOWNER WAS ENTITLED TO COMPENSATION FOR THE LOSS OF ACCESS, AT LEAST TO THE EXTENT THAT SUCH LOSS ADVERSELY AFFECTED THE FAIR MARKET VALUE OF HIS REMAINING PROPERTY. THE CONSTRUCTION OF THE FRONTAGE ROAD WAS IN THE NATURE OF A BENEFIT AND WAS A MITIGATING OR OFFSETTING FACTOR TO BE CONSIDERED IN DETERMINING THE AMOUNT OF COMPENSATION TO WHICH THE LANDOWNER WAS ENTITLED. THE FACT THAT OTHER MEANS OF ACCESS TO THE PROPERTY WERE AVAILABLE AFFECTED MERELY THE AMOUNT OF DAMAGES, AND NOT THE RIGHT OF RECOVERY. HOWEVER, IN THE ACQUISITION OF HIGHWAY RIGHTS-OF- WAY, THE BENEFITS, IF ANY, OF THE IMPROVEMENT WERE TAKEN INTO CONSIDERATION IN DETERMINING THE AMOUNT OF COMPENSATION TO WHICH THE LANDOWNER WAS ENTITLED. (SOUTH CAROLINA STATE HIGHWAY DEPT V. ALLISON, 143 S.E. 2D 800, AUGUST 1965)

  • Supplemental Notes:
    • No 27, pp 2-3
  • Publication Date: 1966-6

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  • Accession Number: 00238603
  • Record Type: Publication
  • Files: TRIS
  • Created Date: Feb 10 1994 12:00AM