Facts: P owns a hotel that gets a large part of its business from westbound traffic that
cuts across an eastbound lane. The Highway Commission of the State of Washington
wanted to install a concrete bar, or curb at the center of the highway because it has made
the administrative determination that the highway in front of P’s property is to be
changed to a permanent limited-access facility. P seeks an injunction against the state,
claiming the installation of this curb will seriously hinder its business.
Issue: Is an abutting property owner entitled to compensation under the state constitution
because of an alleged diminution of the right of ingress and egress arises out of the
installation, by the highway authorities, of a curb or dividing section in the center of a
four-lane highway?
Holding: Affirmed. This curb is a traffic control device, within the purview of state
statutes, and authorized under the police power of the state.
Rationale:
- An owner of property abutting upon a public thoroughfare has a right to free and
convenient access thereto. The rights of ingress and egress attaches to the land. It
is a property right, as complete as ownership of the land itself.
- The state has held many times that the abutting property owner is entitled to just
compensation if this right is taken away or damaged, but P must show either
physical injury to its property or physical impairment of access
- P has no property right in the continuation or maintenance of the flow of traffic
past their property. They still have unhampered ingress and egress to their
property.
- P and every member of the traveling public are subject to traffic regulations, and
have the same right of free access to the property from the highway. Re-routing
and diversion of traffic are police power regulations. Circuity of route, resulting
from an exercise of the police power, is an incidental result of a lawful act. It is
not a taking or a damaging of the property
- Nor has P alleged that this use of police power is arbitrary and capricious. There
is statutory backing for the Commissions plans