Bacich v. Board of Control

I dissent.

The majority opinion declares that the allowance of recovery to the owner in this ease “depends largely upon the character and extent of his property right.” It seeks such a right in the right of ingress and egress which, it declares, “being by its terms general in nature requires definition and *367clarification as to its extent and character.” What follows is a definition amplifying that right to make it a basis for recovery in the present case in terms of the invasion of property rights. As there is no invasion of traditional rights, a new right is created by the simple process of…