HIGHEST COURT OF MISSOURI HOLDS CONDEMNEE NOT ENTITLED TO COMPENSATION FOR IMPAIRMENT OF DIRECT ACCESS TO HIGHWAY NOR FOR LOSS OF VIEW FROM THE HIGHWAY

A LUMBER COMPANY HAD ERECTED ITS MAIN BUILDING, WHICH COULD BE SEEN FROM THE MAIN HIGHWAY ON 2 1/2 ACRES OF LAND. THE CITY CONDEMNED SOME OF THE PROPERTY AND CONSTRUCTED AN ELEVATED VIADUCT ALONG THE HIGHWAY. THE ISSUE WAS WHETHER OR NOT DAMAGES COULD BE AWARDED IN CONDEMNATION PROCEEDINGS FOR A MATERIAL DECREASE OF DIRECT ACCESS TO AND PUBLIC VIEW OF AN ABUTTING RETAIL BUSINESS PROPERTY CAUSED BY THE CITY'S ERECTION OF AN ELEVATED VIADUCT. THE SUPREME COURT POINTED OUT THAT THE PROPERTY OWNER'S RIGHT OF ACCESS EXTENDED NO FURTHER THAN THE RIGHT TO ENTER UPON THE HIGHWAY OR LEAVE IT AND HAVE REASONABLE CONNECTION TO THE PUBLIC ROAD SYSTEM SINCE THE OWNER RETAINED HIS RIGHT OF ACCESS TO THE EXISTING HIGHWAY, HE WAS NOT ENTITLED TO COMPENSATION FOR IMPAIRMENT OF ACCESS TO HIS PROPERTY NOR TO ANY COMPENSATION FOR DENIAL OF DIRECT ACCESS FROM HIS PROPERTY TO THE VIADUCT. AS REGARDS THE OWNER'S CLAIM FOR COMPENSATION BASED ON ITS CONTENTION THAT HE HAD AN EASEMENT FOR PUBLIC VIEW OF HIS PROPERTY FROM THE HIGHWAY, THE COURT STATED THAT SUCH A CLAIM WAS INEXTRICABLY RELATED TO A PROPERTY RIGHT IN THE TRAFFIC UPON THE MAIN HIGHWAY BASED UPON THE OWNER'S NOT BEING ENTITLED TO THE SAME TRAFFIC CONTINUED ON A STREET. THUS, HE IS NOT ENTITLED TO COMPENSATION FOR LOSS OF PUBLIC VIEW FROM A STREET. (KANSAS CITY V. BERKSHIRE LUMBER CO., 393 S.W. 2D 470, JULY 1965)

  • Supplemental Notes:
    • No 27, pp 4-5
  • Publication Date: 1966-1

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  • Accession Number: 00238604
  • Record Type: Publication
  • Report/Paper Numbers: No 15 pp 2-3
  • Files: TRIS
  • Created Date: Feb 10 1994 12:00AM