1984
State Hwy. Comm’r v. 1619 Assocs.
Virginia Circuit Court
6 Va. Cir. 108
Commissioner moved in limine to prevent landowner’s expert from testifying that closing a crossover damaged landowner’s property. Court granted motion. An abutting landowner’s right of access to a public road is subordinate to the police power of the state to reasonably control street use to promote public safety. Evidence of circuitous access to property could not be considered in assessing damages to the residue of property taken for widening the right of way. Such limitation of direct access was generally not compensable.
Summary prepared by Judge Jonathan Apgar, 23rd Judicial Circuit in Virginia, for the William & Mary Property Rights Project, Marshall-Wythe School of Law, William & Mary ©2019.
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