NEBRASKA SUPREME COURT RULES OWNER NOT ENTITLED TO COMPENSATION FOR DECREASE ON ACCESS TO PROPERTY IF REASONABLE ACCESS REMAINS NOR FOR DENYING ACCESS TO PROPERTY FROM ONE DIRECTION

THE PROPERTY OWNER CONDUCTED A COMMERCIAL TRUCK LINE OPERATION WITH FACILITIES FOR SERVICING THE TRUCKS ON THE PREMISES. A DRIVEWAY FROM THE HIGHWAY TO THE PROPERTY WAS 140 FEET IN WIDTH. PART OF THE OWNER'S PROPERTY WAS CONDEMNED TO RECONSTRUCT HIGHWAY 6 TO A FOUR-LANE PAVED ROAD WITH A MEDIAN STRIP IN THE CENTER. A NEW DRIVEWAY WAS CONSTRUCTED GIVING ACCESS TO THE PREMISES IN THE CENTER OF THE OLD ENTRANCE. THE NEW ENTRANCE WAS 58 FEET WIDE AS IT LEFT THE ROADWAY AND NARROWED TO 31 FEET ON ENTERING THE PREMISES. ONLY VEHICLES COMING FROM THE WEST COULD ENTER THE PREMISES DIRECTLY AND IT WAS DIFFICULT FOR LARGE TRUCKS TO EXECUTE A RIGHT TURN BECAUSE OF THE PROXIMITY OF THE MEDIAN TO THE CURB. THE SUPREME COURT STATED THAT AN OWNER OF PROPERTY ABUTTING A HIGHWAY HAD A PROPERTY RIGHT IN THE NATURE OF AN EASEMENT IN THE STREET FOR INGRESS AND EGRESS TO AND FROM HIS PROPERTY WHICH HE COULD NOT BE DEPRIVED OF WITHOUT COMPENSATION FOR HIS LOSS, BUT THAT THE MEASURE OF THE ACCESS RIGHT WAS REASONABLE INGRESS AND EGRESS UNDER ALL THE CIRCUMSTANCES. WHETHER THE RIGHT OF ACCESS TO THE HIGHWAY HAD BEEN DESTROYED OR MATERIALLY IMPAIRED WAS A QUESTION OF FACT FOR THE JURY TO DETERMINE.

  • Supplemental Notes:
    • No 8, pp 1-2
  • Publication Date: 1965-11

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Filing Info

  • Accession Number: 00238776
  • Record Type: Publication
  • Files: TRIS
  • Created Date: Jun 22 1970 12:00AM