Pack v. Belcher’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is urged by counsel for the landowners, and seems to have been the position of the Trial Judge, that after the enactment of Chapter 38, Public Acts of 1935, (54-540, 54-541, T.C.A.), rights-of-way acquired for highway purposes impaired the abutting property owners’ rights of ingress and egress and that such impairment, ipso facto, entitle the owner to damages. However, counsel overlooks the fact that such impairment, if any, may or may not be an incident to the taking in a given case, and that such impairment, if any, is not equivalent to the elimination of such rights of ingress and egress, as in the case of taking for a controlled access right-of-way where the purposes set forth in the declaration of taking and construction plans involve a complete obstruction or taking of the landowner’s right of access. “If it be conceded that the taking of property by the State for highway purposes after the enactment of Chapter 38, Public Acts of 1955 (§§ 54-540-542, T.C. A.), might impair the landowner’s right of access, it should be made clear that his right of access may or may not be changed from that already existing and that the question depends upon the order of taking and the plans of the Highway Department made and filed, or it may depend on some future action of the Highway officials.” 62 Tenn.App., pp. 32 and 33, 458 S.W.2d, p. 22”

   1 later decision quote this exact passage · from the majority
   e.g. Speight v. Lockhart

2. “In Shelby County v. Dodson, et al., 13 Tenn.App. 392 , it was said that the right of ingress and egress may be valuable or not, and may be of more or less value according to the property; that in the country when a grade is changed through a man’s farm, the right of ingress and egress might, at any particular point, be of little or no value, and that the abutting owner would, thus, be entitled to little or no damages, whereas, in other situations such right might be of considerable value, and that “the destruction or impairment of such right is a proper matter for compensation to the extent of the value of the right thus taken away.””

   1 later decision quote this exact passage · from the majority
   e.g. Knox County ex rel. McBee v. Barger

3. ““The denial of access to and from private property abutting on public thoroughfares is a relatively new practice in highway construction in this state. The state and its political subdivision should not be allowed to deprive abutting property owners of this long established right unless a clear intention to extinguish that right is made to appear at the time such private property is taken for use as a public thoroughfare. Of course, such right may thereafter be taken by the condemning authority upon payment of just compensation therefor.” 62 Tenn. App., pp. 31, 32, 458 S.W.2d, p. 21”

   1 later decision quote this exact passage · from the majority
   e.g. Speight v. Lockhart