CALIFORNIA SUPREME COURT RULES THAT OWNERS OF RURAL AND URBAN PROPERTY MUST PROVE SUBSTANTIAL IMPAIRMENT OF ACCESS BY CREATION OF A CUL-DE-SAC TO RECEIVE COMPENSATION

A DISTRICT COURT OF APPEAL IN CALIFORNIA HELD IN TWO CASES THAT COMPENSATION WAS PAYABLE TO AN OWNER OF URBAN PROPERTY AS A MATTER OF LAW FOR DAMAGES CAUSED BY THE CREATION OF A CUL-DE-SAC WHICH CUT OFF ACCESS TO THE NEXT INTERSECTING STREET IN ONE DIRECTION, BUT THAT AN OWNER OF RURAL PROPERTY HAD TO PROVE THAT IT WAS SUBSTANTIALLY DAMAGED BY A CUL-DE- SAC. THE SUPREME COURT HELD IN BOTH CASES THAT ALTHOUGH DESTRUCTION OF ACCESS TO THE NEXT INTERSECTING STREET IN ONE DIRECTION CONSTITUTED A SIGNIFICANT FACTOR IN DETERMINING WHETHER THE OWNER WAS ENTITLED TO DAMAGES, IT ALONE COULD NOT JUSTIFY RECOVERY IN ABSENCE OF FACTS WHICH DISCLOSED A SUBSTANTIAL IMPAIRMENT OF ACCESS. THE SUPREME COURT HELD THAT WHETHER THERE WAS A SUBSTANTIAL IMPAIRMENT HAD TO BE DECIDED BY THE TRIAL COURT AS A MATTER OF LAW. IF THE COURT MADE SUCH A DETERMINATION, THEN THE JURY HAD TO DETERMINE THE AMOUNT OF DAMAGES TO BE PAID. IF THE CLOSING SUBSTANTIALLY IMPAIRED THE LANDOWNER'S RIGHT OF ACCESS TO ADJACENT STREETS AND HIGHWAYS, HE IS ENTITLED TO DAMAGES.

  • Supplemental Notes:
    • No 1, P 4
  • Publication Date: 1965-3

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Filing Info

  • Accession Number: 00238792
  • Record Type: Publication
  • Files: TRIS
  • Created Date: Aug 3 1970 12:00AM