State Ex Rel. State Highway Commission v. Danfelser

As pointed out by the majority, the problem here under consideration finds the courts in hopeless conflict. As I view the matter, the majority have failed to properly appraise these cases and accordingly have come to an erroneous conclusion.

The general problem is one with which courts have been wrestling with increasing frequency since the advent of the Federal Interstate and Defense Highway System in 1956, adopted by the Congress for the express purpose of accelerating or speeding up the construction of the Federal-aid highway system. 23 U.S.C.A. § 101. This results from the fact that…