IN TWO CASES MISSOURI SUPREME COURT RULES DIMINUTION IN VALUE OF PROPERTY CAUSED BY DIVERSION OF TRAFFIC IS NONCOMPENSABLE

TWO MISSOURI CASES ARE DISCUSSED INVOLVING CONDEMNEES OPERATING A MOTEL AND A SERVICE STATION. IN BOTH CASES, NEW HIGHWAY CONSTRUCTION LIMITED ACCESS TO THE BUSINESS FACILITIES BY MEANS OF OUTER ROADWAYS RATHER THAN THE MAIN ROADWAY. THE SUPREME COURT STATED THAT THE RIGHT OF ACCESS WAS THE RIGHT OF INGRESS AND EGRESS TO AND FROM AN OWNER'S PROPERTY AND THE ABUTTING PUBLIC HIGHWAY. A CONDEMNEE COULD ONLY RECOVER FOR SUCH ITEMS OF DAMAGE AS WERE SPECIAL TO HIM. ONE JUDGE DISSENTED THAT THE STATE MADE A DISTINCTION BETWEEN PROVIDING AN OUTER ROADWAY WITHIN THE PRINCIPAL RIGHT-OF-WAY, AND A SERVICE ROAD OUTSIDE OF THE RIGHT-OF- WAY, BOTH OF WHICH WOULD PERMIT ACCESS TO THE LIMITED ACCESS THROUGHWAYS AT DESIGNATED POINTS. THE DISTINCTION BETWEEN LOSS OF ACCESS AND LOSS OF TRAFFIC WAS DIFFICULT. THE LIMITED ACCESS TO THE ABUTTING PROPERTY OWNERS INDICATED A LOSS FOR WHICH THEY SHOULD BE COMPENSATED.

  • Supplemental Notes:
    • No 14, pp 1-3
  • Publication Date: 1965-12

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Filing Info

  • Accession Number: 00238769
  • Record Type: Publication
  • Files: TRIS
  • Created Date: Aug 3 1970 12:00AM