What is a right of action against the municipality for damages caused by the loss of access to the street in front of a residential lot?

California, United States of America


The following excerpt is from People ex rel. Department of Public Works v. Lipari, 213 Cal.App.2d 485, 28 Cal.Rptr. 808 (Cal. App. 1963):

'The property which an abutting owner has in the street in front of his land is the right of access and of light and air, and for an infringement of these rights he is entitled to compensation. This right is peculiar and individual to the abutting owner, differing from the right of passing to and fro upon the street, which he enjoys in common with the public, and any infringement thereof gives him a right of action. Dill. Mun. Corp. 712. In Eachus v. [Los Angeles] Railway Co., 103 Cal. 614, 37 Pac. 750, the right which the abutting owner has to the use of the street fronting upon his lot is defined to be an easement therein for the purposes of ingress and egress, which attaches to the lot, and in which he has a right of property as fully as that which he has in the lot itself, and any act of the municipality by which that easement is destroyed or substantially impaired for the benefit of the public is a damage to

Page 812

See also Goycoolea v. City of Los Angeles, 207 A.C.A. 769, 24 Cal.Rptr. 719.

Other Questions


In a personal injury action brought by a former wife against her ex-partner in a civil action, in addition to a similar action against the husband in a separate action, can the court order return to husband in the civil action? (California, United States of America)
Can a plaintiff bring an inverse condemnation action against a governmental entity for damage caused to private property caused by a governmental action? (California, United States of America)
Does the prosecution have any authority to determine whether the damage to the body caused by postmortem animal scavenging was caused by human caused mutilation? (California, United States of America)
Is a permit issue a cause of action for breach of contract, fraud and related causes of action? (California, United States of America)
Is a cause of action for damages for bad faith, breach of contract, and legal malpractice a transitory cause? (California, United States of America)
What causes of action can a plaintiff bring in a common law cause of action for emotional distress and wrongful discharge? (California, United States of America)
Is there a separate cause of action for emotional distress as a result of an actionable invasion of the right to privacy? (California, United States of America)
In what circumstances will the statute of limitations in civil rights cases apply to causes of action for deprivations of civil rights? (California, United States of America)
What is the test for "reasonably reasonable" liability for damages caused by natural causes? (California, United States of America)
What is the test for a property owner's right to sue for damages caused to the property? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.