Opinion

People v. Ricciardi

  • 23 Cal. 2d 390
  • 144 P.2d 799
  • 1943 Cal. LEXIS 260
Court
California Supreme Court
Filed
Dec 21, 1943
Status
Published
Author
Traynor
On the bench
Shenk, Edmonds, Traynor
Cited by
174 cases
Authority
More cited than 4.9%

noting that under California law, property owners abutting a public roadway “possess ... an easement of reasonable view of their property from such highway” and, although an abutting landowner has no right to compensation by reason of diversion of traffic away from its property, a landowner could introduce evidence that the loss of visibility caused by the taking affected the market value of the remaining property

How later courts described this case

  • noting that under California law, property owners abutting a public roadway “possess ... an easement of reasonable view of their property from such highway” and, although an abutting landowner has no right to compensation by reason of diversion of traffic away from its property, a landowner could introduce evidence that the loss of visibility caused by the taking affected the market value of the remaining property
  • it is within province of trial court, not jury, to pass upon question whether landowners’ right of access is substantially impaired; if so, extent of impairment is for jury to determine

Written by the judges who cited it.

The opinion

TRAYNOR, J.

I dissent for reasons set forth in my dissenting opinion in Bacich v. Board of Control, ante, p. 343 [ 144 P.2d 818 ].

Appellant’s petition for a rehearing was denied January 17, 1944. Curtis, J., Edmonds, J., and Traynor, J., voted for a rehearing.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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