California, United States of America
The following excerpt is from Harding v. State of California ex rel. Dept. of Transportation, 159 Cal.App.3d 359, 205 Cal.Rptr. 561 (Cal. App. 1984):
Courts in other states have applied the principle enunciated in the airport cases to highway cases. Washington courts have held that the lack of physical taking does not prevent an award for damages under the Washington Constitution which allows compensation whenever property is taken or damaged, as does article 1, section 19 of the California Constitution. In City of Yakima v. Dahlin (1971) 5 Wash.App. 129, 485 P.2d 628, the city sought to secure property for an overpass which would require construction of a 20-foot concrete wall within 20 feet of Dahlin's property. A traffic lane would be constructed in the intervening area. The court found that generally, absent a physical taking of property, compensation is not allowed in condemnation proceedings if the injury or damage is one suffered in common with the general public. However, if injury or damage
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