Section 35 Additional Use or Servitude

• Library: Condemnation Practice 2009

Whether an additional or unusual servitude is placed on a preexisting easement on land for street purposes could turn on who the condemning authority is. In Kansas City v. Berkshire Lumber Co., 393 S.W.2d 470 (Mo. 1965), the city constructed a viaduct directly in front of the defendant’s property, but the condemnor was not liable in damages for a decrease in direct access to or a loss of public view from the public street. A governmental agency that constructs and maintains a roadway has the right to employ its interests in the right-of-way in any manner consistent with the purpose. The Court determined that the building of the viaduct over the...