RIGHTS OF ABUTTING PROPERTY OWNER UPON CONVERSION OF UNCONTROLLED-ACCESS ROAD INTO LIMITED-ACCESS HIGHWAY

Abstract

This paper deals with the rights of a landowner whose property abuts on a conventional road that is converted into a limited-access highway. In the typical situation prior to the conversion the owner has direct access to the adjoining unlimited access highway and after the conversion his means of ingress to and egress from the new controlled-access highway is limited either to travel along a frontage road that has a point or points of connection with the new highway, or, in the event his property abuts on another existing public road, he is relegated to travel along such road to a point where it connects directly, or through other roads in the public highway system, with the new highway. In either case his travel is circuitous when compared to his former right of direct access. The question is whether he is entitled to damages for the impairment of his former right of direct access. This paper does not cover the situation where the limited-access highway is constructed on an entirely new location, or the situation where after the conversion the owner is landlocked with no means of access to the new highway. Basically, the question is one of the adequacy of substitute access, and the answer is that if the substitute access is reasonably adequate, the owner is not entitled to compensation, but if the substitute access is not reasonably adequate, or constitutes a material or substantial impairment of the former right of access, the owner is entitled to compensation. The measure and elements of damage where compensation is required are also discussed in this paper.

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