Legal Question in Business Law in California

business

does a city have to comensate for lost money if a road is closed or construction is reight in front of business. Losing money due to road closure/construction.


Asked on 5/08/07, 11:17 am

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: business

Is this the reconstruction of the railroad crossings?

The law seems to be that temporary and reasonable impairment of a property owner's right of access to the general system of public streets and roads due to repairs, etc. is not compensable in damages. The reason is that repairs and the like are inevitably necessary and business owners accept that eventuality as part of the general system of benefits and burdens of property ownership, just like snowstorms and earthquakes.

However, when the interruption is unnecessarily lengthy, or a contractor violates its contract with the city regarding provision of detours, or other aggravating circumstances arise, it is possible that the door may be opened for a valid claim for compensation.

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Answered on 5/08/07, 12:39 pm


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