Section 18 Rights Retained

• Library: Condemnation Practice 2009

Subject to the construction and maintenance of the highway for public use, an abutting property owner retains the fee and an easement for access rights to and from the property taken for highway right-of-way. State ex rel. State Highway Comm’n v. James, 205 S.W.2d 534 (Mo. banc 1947). According to the language of article IV, § 29, of the Missouri Constitution, access can be limited to, from, and across state highways as required by public interest and safety; therefore, the petition should include a description of access rights limited or taken by...