TY - JOUR PY - 1956// TI - Roadside protection through nuisance and property law JO - Highway Research Board bulletin A1 - Beuscher, J. H. SP - 66 EP - 77 VL - 113 IS - N2 - Court cases are discussed on a roadside use on private lands along a highway which directly interferes with the safety and convenience of highway users. The following three lines of reasoning are observed: (1) property law duties of the roadside owner, (2) the public (highway) nuisance, and (3) continuing negligent or intentional tort by a roadside owner is enjoinable. These three lines of reasoning show a basic duty by an abutting owner to do nothing on his land which will interfere with free and safe passage on the highway. Cases cited clearly establish this basic principle.

LA - SN - 0073-2206 UR - http://dx.doi.org/ ID - ref1 ER -