Simpson v. Iowa State Highway Commission

May a landowner remove gravel or other materials from land adjoining a highway to an extent which causes the highway to subside or in other ways damages the highway? The long-standing and universal rule ,of the common law is that he may not. When the public originally obtains the highway right-of-way, it acquires, under the law, the right to have the highway supported by the adjoining land. This right of support inheres in the original compensation award for the right-of-way. The same principle applies to acquisitions of rights-of-way by common carriers.

I. Following are typical statements of…