Legal Aspects of Controlling Highway Access: A Study by the Division of Financial and Administrative Research

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Page 10 - Act, a limited access facility is defined as a highway or street especially designed for through traffic, and over, from, or to which owners or occupants of abutting land or other persons have no right or easement or only a limited right or easement of access, light, air, or view by reason of the fact that their property abuts upon such limited access facility or for any other reason.
Page 42 - Government hardly could go on if to some extent values incident to property could not be diminished without paying for every such change in the general law. As long recognized, some values are enjoyed under an implied limitation and must yield to the police power. But obviously the implied limitation must have its limits, or the contract and due process clauses are gone.
Page 4 - Reduced to its simplest terms, a determination of whether alleged impairment of access is compensable under the power of eminent domain or noncompensable under the police power, depends upon the relative importance of the interests affected. The court must weigh the relative interests of the public and those of the individual, so as to arrive at a just balance in order that government will not be unduly restricted in the proper exercise of its functions for the public good, while at the same time...
Page 17 - ... and such property right is that of reasonable use of the street fronting the property in either direction to the next intersection.
Page 32 - ... whenever necessary to provide for and promote the safety, peace, health, morals, and general welfare of the people...
Page 23 - Since every property owner for a great distance therefrom is somewhat inconvenienced by the closing of a street, the question of where to stop awarding damages is not only difficult to ascertain, but the payment of damages in every case of this character would place a great burden upon the public whenever such closings are ordered.
Page 5 - The recommended system follows in general the routes of existing Federal-aid highways, and when fully improved will meet to optimum degree the needs of interregional and intercity highway transportation. Its development also will establish a transcontinental network of modern roads essential to the future economic welfare and defense of the Nation.
Page 3 - The diversion of traffic is not a proper element to be considered in computing those damages inasmuch as a landowner has no property right in the continuation or maintenance of the flow of traffic past his property.
Page 25 - ... protected against the taking or damaging thereof without compensation and have brought about a situation where the number of the parties defendant and of the- interests to be appraised in condemnation would be manifold. In cases of large tracts the increase in number would practically be. prohibitive. It is true that the increase in the number of the defendants and interests to be appraised is not determinative or controlling, provided an estate be created which must be measured in money in the...
Page 14 - ... are all a construction of the courts, deduced by way of consequence from dedication to and trusts for the purposes of a public street. They never were granted to him or his predecessors in express words or, probably, by any conscious implication. If at the outset the New York courts had decided that apart from statute or express grant the abutters on a street had only the rights of the public and no private easement of any kind, it would have been in no way amazing. It would have been very possible...

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