Public Liabilities Relating to Driveway Permits (2022) / Chapter Skim
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NCHRP LRD 85 3 PUBLIC LIABILITIES RELATING TO DRIVEWAY PERMITS Pam Clay-Young, Doug Kreis, Kenneth Agent, James Bryan Gibson, and Nikiforos Stamatiadis, Kentucky Transportation Center, College of Engineering, University of Kentucky, Lexington, KY I
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4 NCHRP LRD 85 e court observed that the Oregon constitution "protects rather than created property interests."10 is is consistent with how courts have interpreted the U.S. Constitution.11 e court examined Oregon common law to determine what are considered vested property rights.
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NCHRP LRD 85 5 permit locations. e owners argued that these permits granted easements of entry that could not be taken without compensation.
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6 NCHRP LRD 85 ernment o cials may grant or deny it in their discretion'.
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NCHRP LRD 85 7 mental entities. If either entity has a legitimate basis for denial, then the access cannot be granted.39 e appellate court also noted there was alternative indirect access via a commercial entrance on another part of the same property.
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8 NCHRP LRD 85 previous New Jersey Supreme Court decision, had held that the State Highway Authority was not entirely subject to local land use control. It enjoyed a limited immunity from those requirements.49 e Bloom eld "[c]
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NCHRP LRD 85 9 men or things.
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10 NCHRP LRD 85 on the abutting property owner's easement right, for which compensation shall be demanded.68 In these states, a jury or judge will base a compensation decision on the details of the changes in access, such as damage to the property or if the viable uses of the property are a ected. But even in these jurisdictions there is a distinction between new roadways and reconstructed roadways.69 Within the context of this research, this category of states will be referred to as the "abutter's rights" states.
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NCHRP LRD 85 11 Harper Invs.
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12 NCHRP LRD 85 damages for having to travel a more circuitous route as a result of the obstruction.86 In Minnesota, "[c] hanges solely within the public roadway itself (as distinct from changes a ecting an owner's right of access to the abutting highway)
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NCHRP LRD 85 13 speci ed. ere was also stamped on the approval the following statement: NOTE: SINCE THIS PROJECT IS SCHEDULED FOR RECONSTRUCTION THE EXISTING ROADWAY AND R.O.W.
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14 NCHRP LRD 85 However, if the abutting landowner's access to the highway is merely made more circuitous, no compensation should be paid .
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