HIGHEST COURT OF INDIANA DECIDES OWNERS ENTITLED TO COMPENSATION FOR DAMAGES CAUSED BY CREATION OF CUL-DE-SAC BEYOND THEIR PROPERTY SINCE THEY NO LONGER HAD REASONABLE ACCESS

THE PROPERTY OWNERS USED A GRAVEL ROAD WHICH SERVED AS A LINK BETWEEN THEIR STEEL FABRICATING PLANT FOR TRUCKS TRANSPORTING RAW MATERIALS AND GOODS TO A MAIN HIGHWAY. THE STATE CLOSED THE GRAVEL ROAD AT THE INTERSECTION OF THE MAIN HIGHWAY IN ORDER TO CONSTRUCT AN INTERSTATE HIGHWAY PARALLEL TO THE MAIN HIGHWAY. THE CUL-DE-SAC LEFT THE PROPERTY OWNERS WITH A SHAKY BRIDGE TO USE WITH A WEIGHT LIMIT OF 3000 POUNDS FOR TRANSPORTING STEEL, WHEREUPON THE OWNERS CONSTRUCTED ANOTHER FACTORY AND ABANDONED THE PROPERTY. THE OWNERS BROUGHT AN ACTION AGAINST THE STATE AND THE COUNTY ALLEGING THE TAKING OF THEIR LAND WITHOUT CONDEMNATION. THE SUPREME COURT RULED THAT A PERSON WAS NOT ENTITLED TO DAMAGES CAUSED BY THE CREATION OF A CUL-DE-SAC LOCATED AWAY FROM HIS PROPERTY SINCE HE STILL HAD ACCESS TO THE ROAD ON WHICH HIS PROPERTY ABUTTED AND, HENCE, TO THE GENERAL HIGHWAY SYSTEM. HOWEVER, THE COURT POINTED OUT THIS CASE WAS AN EXCEPTION TO THE RULING SINCE THE CLOSING OF THE HIGHWAY HAD THE EFFECT OF DEPRIVING THE OWNERS OF ANY SUITABLE ACCESS TO THEIR BUSINESS. (STATE V. TOLLIVER, 205 N.E. 2D 672, APRIL 1965)

  • Supplemental Notes:
    • No 15, pp 1-2
  • Publication Date: 1966-1

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  • Accession Number: 00238615
  • Record Type: Publication
  • Report/Paper Numbers: No 15 pp 2-3
  • Files: TRIS
  • Created Date: Feb 10 1994 12:00AM