DuPuy v. City of Waco (2)

In DuPuy v. City of Waco, 396 S.W.2d 103 (Tex. 1965), prior to construction of a viaduct, DuPuy's property fronted and had full access to South 17th Street and sided with an alley connected to Franklin Avenue. After the City of Waco constructed the viaduct, South 17th Street became fourteen feet above DuPuy's property and a concrete support was placed beneath the viaduct. The end result of the construction was that DuPuy's property was in a cul-de-sac. Id. at 110. The supreme court stated: "The determination in a given situation of whether or not there has occurred a compensable damaging under the Constitution is to be approached from the premise that an access right is an easement judicially recognized as appurtenant to tangible property to protect the benefits of private ownership. This should not be extended to recognize a compensable damaging where a property owner has reasonable access to his property after construction of the public improvement. The benefits of private ownership have been assured so long as there is reasonable access and an action for compensation under the Constitution will not lie where such is the case." Id. at 109. The supreme court concluded that the construction of the viaduct had deprived DuPuy of reasonable access to his property. DuPuy, 396 S.W.2d at 110.