Bailey Service & Supply Corporation V‪.‬

In the year 1970, the State Road Commission undertook to replace a viaduct on Fourth South Street which spanned the railroad tracks in the vicinity. About the time the street improvements were undertaken and for a number of years prior thereto, plaintiff had owned the warehouse fronting upon Fourth South Street. Access to the warehouse was gained from the south side of Fourth South Street which permitted vehicles to enter the premises and the warehouse. Large trucks were able to maneuver into the warehouse by utilizing the full width of the street in so doing. Erection of the viaduct narrowed Fourth South Street to such an extent that large trucks could no longer maneuver into the warehouse from the street even though smaller trucks and vehicles could. Plaintiff filed these proceedings seeking compensation upon the theory that the States action in limiting the access to the warehouse by the construction was a "taking" of a property right incidental to its ownership.