Lehman v. Iowa State Highway Commission

I respectfully dissent.

The decision, as announced by the majority opinion, is based upon two propositions: (1) The relocated highway is new, in contrast with a widening of an existing one, and (2) no right of access existed before, hence by the establishment of the new highway no property was taken. The first proposition is substantiated by the record. The second is, in my opinion, a mere assumption; is directly contrary to a long line of Iowa decisions, and is not a sound legal conclusion.

Chapter 306A, which authorizes the establishment of controlled-aecess highways, provides that all or any…