Does a jury have to consider whether a neighbouring landowner's right of access has been substantially impaired?

California, United States of America


The following excerpt is from People by and through Dept. of Public Works v. Russell, 299 P.2d 920 (Cal. App. 1956):

Appellant further contends that the trial court, as a matter of law, must make a finding as to whether the abutter's rights of access have been substantially impaired, prior to submitting the matter to the jury. It is true that it is within the province of the trial court, and not the jury, to pass upon the question whether under the facts presented the abutting landowner's right of access will be substantially impaired. However, this the trial court did when it ruled on the admission of evidence and in its instructions to the jury. Also, if the court does not make special findings on the issue its findings thereon are implicit in the verdict awarding compensation. People v. Ricciardi, supra, 23 Cal.2d 390, 144 P.2d 799.

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