Section 23 No Prior Rights of Access

• Library: Condemnation Practice 2009

Generally, when a property owner has an easement of access to an existing road that is extinguished through the police power
of the state, that property owner would be entitled to just compensation for the taking unless the property owner is afforded an alternative means of access to a roadway connecting to the general system of roads. State ex rel. State Highway Comm’n v. Brockfeld, 388 S.W.2d 862 (Mo. banc 1965). But to receive compensation for a right of access, the owner must have a preexisting easement of access to the roadway. State ex rel. State Highway Comm’n v. Clevenger, 291 S.W.2d 57 (Mo. 1956). Therefore, if there...