State ex rel. Noga v. Masheter

Appellant, Director of Highways, argues that there was not such an interference with appellees’ right of access to a public highway as to be a compensable taking, and that the alteration and improvement of existing Boute 422 on property which is subject to a perpetual easement for highway purposes is not an added burden on that property for which compensation must be awarded.

In this case, the easement continues to be used for the same purposes for which the state acquired it in 1947. Progress and the increased use of motor vehicles have made it necessary that Boute 422 be improved for the…