Did you know that the government may be effecting a “taking” — and therefore may be constitutionally required to compensate you — by raising or lowering the grade of the road adjacent to your property?
In State ex rel. McKay v. Kauer, the Ohio Supreme Court held that lowering the grade of a road to the extent that it unreasonably hinders access is a taking, and if the government so lowers the road then it must institute appropriation proceedings to compensate the landowner. In State ex rel. OTR v. City of Columbus, the Ohio Supreme Court made a complementary holding as to raising the road level. And in State ex rel. Hilltop Basic Resources v. Cincinnati, the Court explained that these rights are equally protected for both developed and undeveloped land and developed and undeveloped rights of access. “Instead,” the Court wrote, “the applicable test is whether the governmental action substantially or unreasonably intefered with the landowner’s right of access to the public street or highway on which the land abuts.”
Has access to your property be hindered or made more difficult due to the raising or lowering of the street grade?
This post was written by Jeffrey M. Nye.
