Colberg, Inc. v. State of California Ex Rel. Dept. Pub. Wks.

I dissent.

I cannot agree that because the state wants to build two low-level highway bridges across the mouth of an inlet where plaintiffs’ shipyards are located, plaintiffs must suffer the complete loss caused by the impairment of their right of one-way water access to deep water. Principles of fairness, logic and public policy suggest that this loss is a part of the cost of the freeway that should not be borne by plaintiffs but should be borne by the public. Compensation should therefore be allowed.

The access impaired here is one-way access to the oceans of the world. Such access is…