1974

State Highway Comm’r v. Easley

Supreme Court of Virginia

215 Va. 197, 207 S.E.2d 870

In making Rt. 58 improvements, Commissioner put in curbing with access openings of 50 and 30 feet to landowner’s parcels. At trial, commissioners awarded $18,140 for damage to residue. Trial court approved report. Supreme Court reversed and remanded. Trial court erred by permitting commissioners to consider as an element of damage the reduction in access to the parcels. The owner of property abutting a public road has no right to compensation when the state, in the reasonable exercise of police powers, reasonably regulates the flow of traffic on the highway. There was no evidence that the openings in the curbing did not provide Easley with reasonable access.

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