State v. Peterson’s Empirical Analysis
1978
Citation profile
13 state decisions
How this case has been cited
Cited by 13 later decisions — most recently July 2017
13 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on State v. ENSLEY · State v. Hastings · Beck v. State
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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"It is true that whether the landowner is left with reasonable access to his realty bears greatly upon whether he had indeed suffered special injury. However, it must be borne in mind that his damage entitlement is to be based upon the high est and best use of the property at the time of the taking. Thus, if the highest and best use before the taking was for one purpose, and because of the access available after the taking, the property was no longer suitable for that use, but was still suitable for a less valuable use, the owner would be entitled to the damages reflecting the diminished value. # * # * * * The highest and best use to which land could reasonably be devoted immediately before the 'take' is the criteria for determining its value at that time. If the access to which the owner was then lawfully entitled was necessary in order to so use the land, and that access is denied by the 'take', the owner is entitled to be compensated, regardless of the availability of other access which may be 'reasonable' for other purposes but does not fulfill the need critical to the coveted use." (emphasis added)”
4 later decisions quote this exact passage“"Other reasonable means of access," as used in this instruction, does not mean access that is reasonable for some other use of the land. Rather, it refers to other access that will permit the land to be used for that purpose regarded as its highest and best use immediately before the take.”
2 later decisions quote this exact passage“Loss of access is compensa-ble and may be considered by you in determining the damages to be awarded the defendants only when such loss of access is special and peculiar to this property, [aind only when no other reasonable means of access is available to the property.”
2 later decisions quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.