ACCESS CONTROL: IMPROPER HYBRIDIZATION OF POLICE POWER IN CONDEMNATION CASES INVOLVING PARTIAL TAKINGS OF LAND

In situations where a public authority regulates and restricts curb cut openings and driveways as access to highways, along with excercising powers of eminent domain, problems of police power and sovreignity become intertwined. The question of whether the claimed taking is compensable taking or the non compensible result of public police regulation must be solved judicially. The issue becomes whether it is a taking or a damaging. State Highway departments have now established procedures dealing with landowner's access to highways. The author hopes that soon these procedures will include highway department's having primary jurisdiction over settling such access disputes because of their expertise in such matters. Once administrative remedies were exhausted judicial review would be available. The problem that arises is that the taking and damaging may occur simultaneously; it is necessary in the reviewing process that they be separated, usually this falls on the condemnee.

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  • Corporate Authors:

    American Bar Association

    750 N. Lake Shore Drive
    Chicago, IL  United States  60611
  • Authors:
    • Roettiger, G J
    • Dickson, A G
  • Publication Date: 1974-6

Media Info

  • Features: References;
  • Pagination: p. 603-621
  • Serial:
    • Urban Lawyer
    • Volume: 6
    • Publisher: American Bar Association
    • ISSN: 0042-0905

Subject/Index Terms

Filing Info

  • Accession Number: 00095466
  • Record Type: Publication
  • Files: TRIS
  • Created Date: May 29 1975 12:00AM