Section 10.2C Breach of Contract re: Access
| Library | Eminent Domain 3rd Edition 2013 |
An owner may acquire particular rights of access to a highway by contract. The condemnor cannot be held to specific performance of the agreement. However, the condemnor’s breach requires compensation if damages can be proven, even though the change in access would not have been compensable in the absence of the contract.
State ex rel. Herman v. Schaffer, 105 Ariz. 478, 467 P.2d 66 (1970) (the State must respond in damages if it acquires property in consideration of an agreement to build and maintain...
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