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Denial of Access to Public Road Constitutes a Taking

The First District Court of Appeals has ruled that the City of Cincinnati's denial of a landowner's application for a curb-cut to access a public road constitutes a taking of the owner's property for which the City must pay compensation. In State ex rel. Hilltop Basic v. Cincinnati, the Court followed established Ohio precedent, holding that "An owner of a parcel of real property has a right to access public streets or highways on which the land abuts." Even though the owner had access to the public road via a license agreement across a neighboring property, the City's refusal to allow access from the Owner's own land justified the issuance of a writ of mandamus compelling the City to begin eminent domain proceedings.

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This page contains a single entry from the blog posted on December 20, 2006 4:38 PM.

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