Ray v. State Highway Commission’s Empirical Analysis

Citation profile

42 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 42 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In support of the above contention the appellants argue that ‘the construction of a frontage road between a landowner’s property and a pre-existing public highway is the taking of the common law right of direct access as a matter of law.’ Some of our decisions cited by appellants, and which will be considered later, would appear to support their argument. However, it would also appear that controlled access highways, and the necessity therefor, under our modern addiction to increased speed on the highways, has created an entirely new concept not known at the time the common law or case law was developed. • “This new concept, which'was not fully recognized in our previous decisions, requires a complete review and reappraisal of the correlative rights of the general public and owners of abutting lands where controlled access highways are reasonably necessary to protect the safety and convenience of the traveling public. * * * * • * * “We adhere to the rule that the owners of abutting lands have a right of access to the public road system but it does not follow that they have a right of direct ingress and egress to and from a controlled access thoroughfare. The right of access, if it can be determined to be a right under such circumstances, is the right to reasonable, but not unlimited, access to and from the abutting lands. “Although an abutting landowner has a right to use a highway he cannot be heard to say that he has been deprived of his right or compensably damaged becaus”

   2 later decisions quote this exact passage · from the concurrence
   e.g. State Ex Rel. Herman v. Schaffer · Teachers Insurance & Annuity Ass'n of America v. City of Wichita

2. ““No hard and fast rule can be stated, but courts must weigh the relative interests of the public and the individual and strike a just balance so that government will not be unduly restricted in its function for the public safety, while at the same time, give due effect to the policy of eminent domain to insure the individual against an unreasonable loss occasioned by the exercise of the police power. The question depends upon the particular facts of the case. Obviously, if there is a total blocking of access, the restriction would be unreasonable and the abutter entitled to compensation. Where, however, the restriction does not substantially interfere with the abutter’s ingress and egress or where ‘frontage’ or ‘outer roadways’ reasonably provide access the abut-ter is not entitled to compensation. While an abutter has the right of access to the public highway system, it does not follow that he has a direct-access right to the main traveled portion thereof; circuity of travel, so long as it is not unreasonable, is non-compensable. Likewise, loss of business occasioned by the diversion of traffic is non-compensable.””

   2 later decisions quote this exact passage · from the concurrence
   e.g. Triangle, Inc. v. State · B & G MEATS, INC. v. State

3. ““It must be recognized that these two types of power which the Commission exercises are mutually exclusive polestars with different legal consequences. The use of one incurs liability for compensation, but the other does not. An act by the Commission must be classified as an exercise of one type of power or the other. It cannot be both.””

   1 later decision quote this exact passage · from the majority
   e.g. 6 Kan. App. 2d 478 - Lewis v. Globe Construction Co.