Legal Aspects of Controlling Highway Access: A Study by the Division of Financial and Administrative ResearchU.S. Government Printing Office, 1945 - Počet stran: 46 |
Další vydání - Zobrazit všechny
Běžně se vyskytující výrazy a sousloví
abutter's abutters abutting property ACCESS IMPAIRED alleged impairment areas Arroyo Seco Parkway arterial awarded Bacich and Ricciardi Bacich case footnote BACICH RULE Beckham Boulevard Calif California circuity of travel constitutions construction controlled-access facility controlled-access highway controlling highway access costs created cul-de-sac damnum absque injuria diminution in value direct access diversion of traffic doctrine easement eminent domain EXPRESS HIGHWAY expressway FIGURE freeway HENRY HUDSON PARKWAY highway development highway or street impairment of access ingress and egress intersecting street Law Rev litigation majority opinion Merritt Parkway mile modern obstruction owner of abutting owner of property parcels Pennsylvania Coal Co police power property abutting property owners public authorities public improvements Public Roads Administration public street Ramona Boulevard reasonable result right of access right of view right-of-way rural special injury Sterling Street street or highway streets and highways Supreme Court through-traffic portions UNDERPASS urban Westchester County
Oblíbené pasáže
Strana 12 - 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.
Strana 44 - 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.
Strana 6 - 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...
Strana 19 - ... and such property right is that of reasonable use of the street fronting the property in either direction to the next intersection.
Strana 34 - ... whenever necessary to provide for and promote the safety, peace, health, morals, and general welfare of the people...
Strana 25 - 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.
Strana 7 - 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.
Strana 5 - 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.
Strana 27 - ... 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...
Strana 16 - ... 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...