1973

State Highway Comm’r v. Howard

Supreme Court of Virginia

213 Va. 731, 195 S.E.2d 880

Commissioner took 0.44 acre of Howard’s land to make highway in front of his residence four lane. This included the construction of a median strip that limited access to Howard’s land. Trial court instructed the commissioners that they should consider this evidence in arriving at an award for the residue. Supreme Court reversed and remanded. Installation of a median strip is a proper exercise of police power to regulate traffic. Landowner cannot recover damages for the interference with his right of access by installation of median strip on four lane highway, as he has no property right in the maintenance of the flow of traffic past his property. It was error to allow commissioners to consider interference with access as a compensable element of damages.

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