State v. Shanahan

In this condemnation proceeding the following question of law was transferred in advance of trial by the Superior Court (Flynn, J.);

Are the condemnees entitled to compensation not only for the land taken but also for the diminution, if any, in the market value of the [untaken] property caused by any impairment of access occasioned by the installation of curbing?

We rule that the condemnees are entitled to compensation only if the impairment of their right of access is substantial.

Defendant Shanahan was the owner of a 10,000-square-foot lot situated at the intersection of South Willow Street…