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Highway Access Inverse Condemnation Litigation Highway Access Inverse Condemnation Litigation

Highway Access Inverse Condemnation Litigation - PowerPoint Presentation

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Highway Access Inverse Condemnation Litigation - PPT Presentation

Lessons Learned Disclaimer Opinions expressed are those of the speaker and not the opinions of the WA State Attorney Generals Office or the Attorney General Historic Right of Highway Access ID: 749064

easement highway state access highway easement access state circa property road 2015 permissive learned private bridge temporary lessons litigation

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Slide1

Highway AccessInverse Condemnation Litigation

Lessons Learned

Disclaimer: Opinions expressed are those of the speaker and not the opinions of the WA State Attorney General’s Office or the Attorney GeneralSlide2

Historic Right of Highway Access:

Crossing the intervening land of another – easement or permissive use?Slide3

Project:SR 270 Pullman to Idaho State LineSlide4

Temporary BridgeSlide5

Timeline

2001

plan

with frontage

road

approved2001 temporary bridge installed2004 revised plan without frontage road approved2006 construction starts2007 construction completed2007

temporary bridge

removed

2007

litigation starts

2015

litigation completedSlide6

circa 1882

circa

1892Slide7

circa 1935Slide8

circa 1950Slide9

circa 1998Slide10

Inverse Condemnation

(1) taking or damaging

(2) of private property

(3) for public use

(4) without just compensation paid

(5) by a governmental entity that has not instituted formal proceedingsSlide11

Highway Access – Property Right

Right of Reasonable Highway Access:

owners of property abutting a state

highway

RCW

47.50 Highway Management Actnon-abutters with “legal” easement to a state highway WAC 468-51-030Slide12

Plaintiff’s Theories

Grandfathered access under the Highway Access Mgmt. Act

Easement by:

prescriptive easement

implied easement

easement by

necessity

vacated county

road

Abutter by reversion following railroad abandonment

Union Elevator

– right to reasonable

, adequate, and commercially practicable access

under unique factsSlide13

WSDOT’s Approach

f

ailure to exhaust administrative remedies

not an abutter

no railroad abandonment

preemption under the Trails Actdismissed quiet title actions against railroad and county no easementno evidence that use was other than permissiveno common grantorformer road vacated, no private easement retained

subsequent purchaser doctrine

l

andlocked through actions of 1935 predecessor in interestSlide14

Lessons Learned

sufficiency

of

search

for

recordsowner’s oral assertions require substantiationstatements by WSDOT has “farm access” has “informal access”Slide15

Lessons Learned

objective observation

“fell out of

bed”

v.

“patient found on floor”Slide16

Other Matters

landlocked property

p

rivate way of necessity (“private condemnation” – RCW 8.24)

Granite

Beach Holdings, LLC v. Dep’t of Natural Res., 103 Wn. App. 186, 11 P.3d 847 (2000)Williams Place, LLC v. State, 187 Wn. App. 67, 348 P.3d 797(2015) review denied (Sep. 30, 2015)Gamboa v. Clark, 183 Wn. 2d 38, 348 P.3d 1214 (2015)

permissive use v. prescriptive use

ending permissive useSlide17

Conclusion