Legal Opinion · Dissent

Suntide Inn Operating Corp. v. State Ex Rel. Oklahoma State Highway Commission

Supreme Court of Oklahoma

Decided November 1, 1977No. 49074Published

1DissentDavison, Justice

I respectfully dissent from the majority opinion of my fellow Justices. In reaching the results that it did, the majority opinion puts great emphasis upon the fact that a private citizen may not be compensated for damage to his property right of access unless there is a taking. The majority opinion also suggests that when a governmental authority regulates a private citizen’s right to access for the public’s safety and welfare, such regulation is not compensable. In discussing these concepts, the majority opinion states:

“ * * * ^ right of access belonging to the landowner whose property abuts…

2Cases cited13 opinions

  1. Foster Lumber Co. v. Arkansas Valley & W. Ry. Co.Supreme Court of Oklahoma · 1908
  2. City of Shawnee v. Robbins Bros. Tire Co.Supreme Court of Oklahoma · 1928
  3. Oklahoma Turnpike Authority v. ChandlerSupreme Court of Oklahoma · 1957
  4. Chicago, R. I. & P. R. Co. v. PrigmoreSupreme Court of Oklahoma · 1937
  5. Chicago, R. I. & P. Ry. Co. v. JenningsSupreme Court of Oklahoma · 1936

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