Texaco (Puerto Rico) Inc. v. Secretary of Public Works
Texaco (Puerto Rico) Inc. v. Secretary of Public Works
Opinion of the Court
delivered the opinion of the Court.
The plaintiff constructed, owns, and operates a retail gasoline station
On April 6,1954 the Secretary of Public Works of Puerto Rico, custodian of the public lands, works, and roads, 3 L.P.R.A. § 411, and 9 L.P.R.A. §§ 140 and 141, issued a permit to the plaintiff to install in the above-mentioned place three pumps for the sale of gasoline. The said permit contains a condition which reads as follows:
“This permit may be revoked or amended at any time whenever the needs of the Commonwealth or Municipal Governments so require, and the tank and pump shall be removed within a period of 48 hours counted as of the receipt of the registered letter ordering- such removal.” (Italics ours.)
Since December 22, 1955 the plaintiff commenced to enjoy such permit and to operate the filling station without the same having been revoked or amended for reasons of necessity of the Government of Puerto Rico or of the Municipal Government until March 20, 1956, when the Secretary of Public Works wrote to the plaintiff amending the permit in the manner which we shall presently see. The filling station, as authorized by the Secretary of Public Works, had two ramps for the entrance and exit of vehicles on highway No. 187 and one ramp for entering only on highway No. 26.
The Planning Board of Puerto Rico has full powers over zoning, 23 L.P.R.A. § § 9 and 10, and over the planning of the highways and streets of Puerto Rico, 23 L.P.R.A. § 11; Seashore Realty & Invest. Co. v. Planning Board, 75 P.R.R. 134, 142 (1953). The Act orders the Board to prepare a Master Plan which may be adopted by the Board as a whole
Since the Planning Board of Puerto Rico
After making pertinent studies and holding public hearings, the Board adopted in 1944 its first Master Plan for Major Thoroughfares for the Metropolitan Area of San Juan. That plan was in force for more than three years and was revised after public hearings were held in 1947.
Seven years after the first revision made in 1947 of the said Master Plan for Major Thoroughfares for the Metropolitan Area, the Planning Board found it necessary to make a second revision owing to the growth of the city and the consequent increase in the density of the traffic of vehicles, and on July 8,1954 a second revision of the Master Plan was approved and promulgated by the Planning Board after holding a public hearing.
In this new revised Master Plan highway No. 26, which adjoins the plaintiff’s filling station on the south, was designated as Controlled-Access Highway Type A and prepared accordingly.
In consonance with the new zoning reality, on March 20, 1956 the Secretary of Public Works wrote a letter to the plaintiff amending the revocable permit which he had issued, ordering the elimination of the direct access of the filling-station to highway No. 26, now a thruway. In another subsequent letter the defendant informed the plaintiff that under the provisions of the Master Plan for Major Thoroughfares approved June 9, 1954, highway PR-26 (Expreso Norte) was a thruway, and that according to the Master Plan it should be protected against the direct access of the abutting properties. And he also said:
“The access to the Texas Company service station in Isla Verde on Expreso Norte conflicts with the provisions of the master plan mentioned above, which was approved after public hearings were held and in accordance with the Zoning Act. It also conflicts with the federal financial-aid provisions for the construction of public highways, as accepted by the Commonwealth of Puerto Rico.
*691 “In view of the foregoing, and in order to comply with the Act and promote public safety, the Department of Public Works will extend in front of the Texaco service station in Isla Verde the fence which isolates the Expreso Norte Highway thereby closing the direct access used by the filling station. The works will commence on March 3, 1958, notice of which is hereby given to you for pertinent purposes.” (Letter of the Secretary of Public Works to the plaintiff of January 3, 1958, Exhibit 12, Stipulation of Facts, paragraph No. 14.)
The two entrance and exit ramps on highway No. 187 remained untouched. Moreover, the communication between the gasoline station and the thruway was not completely eliminated since, as it appears from the Stipulation of Facts, at a distance of 142 meters east of the station there is an intersection making it possible to go from the thruway to the filling station via highway No. 187; and at a distance of 515 meters west of the station there is another intersection which can be used for the same purpose. Naturally, these routes are more indirect and less convenient than the direct access eliminated. We will take up this point further on.
The plaintiff appealed to the Superior Court to determine that the petitioner had a “vested right in the entrance access from Avenida Norte (Thruway No. 26) to its filling station,” which right could not be allegedly defeated without the payment of compensation. The Superior Court rendered judgment in its favor and the defendant appealed to this Court.
We do not agree with plaintiff for two main reasons independent of each other. One consists in the nature itself of the permit issued by the Secretary of Public Works and the other is based on the law applicable to this situation.
I
From the face of the permit itself it clearly appears that said permit could be revoked or amended whenever it was necessary for reasons of public policy. See the paragraph of the permit cited above. As we shall presently see, there is no question that the permit was amended for reasons of public policy.
II
However, irrespective of the said clause of the permit, does such vested right of access of the filling station to the express highway exist?
On this problem the American case law is abundant and conflicting, but much less conflicting now than four or five decades ago.
Traditionally, in the English
This'right of easement which, as has been said, was origifially created by the English and American courts, of economic value to its owner, evolved and, as was to be ex-pectéd, it is now recognized practically without exception by tKdde'sáihe courts as a right subordinate to the State’s police power and subject to the most important social value which is the safety, health, and general welfare of the public. Consequently, the State’s police power — the exercise of which, as distinguished from the power of condemnation, does not entail compensation — has been upheld in this matter in eases
In Pennysavers Oil Co. v. State, supra, decided in 1960, the question involved, as in the case at bar, was the loss by a filling station of the direct access to a highway. Highway No. 9 was, prior to the improvement, an ordinary or conventional highway to which the filling station had access. That road was afterwards designated a controlled-access highway and the filling station lost its direct access, retaining only a limited access. Before the reclassification of the highway the filling station was a prosperous business, but after the change it became a losing proposition. The court held that the change of the conventional highway into freeway comes within the State’s police power and, therefore, it was not bound to pay. Said the court, “no abutting property owner has a vested interest in the traffic that passes in front of his property.”
In Farmers-Kissinger Market House Co. v. City of Reading, 165 Atl. 398 (1933), the plaintiff owned several businesses in a certain area, one of which was a garage fronting a street. The lot fronted two streets and the plaintiff planned
In City of San Antonio v. Pigeonhole Parking, 311 S.W.2d 218, 73 A.L.R.2d 640 (1958), there was involved a 10-story parking garage the lot of which fronted two streets. Access was permitted to only one of the streets and the court upheld the authorities in the exercise of the State’s police power; There it was said at p. 223 that the test of reasonableness of the action of the authorities is not solely one of whether such driveway was essential to the operation of the business, but whether such driveway would expose the public to greater hazard than the detriment caused by the denial. For other cases upholding the same principle in similar situations, see Darnall v. State, 108 N.W.2d 201, 205 (1961), “The construction of a highway past a place of business gives owners no vested right to insist that it remain there as a changeless road in a changing world.” Nick v. State, 109 N.W.2d 71 (1961); Department of Highways v. Jackson, 302 S.W.2d 373 (1957); Iowa v. Smith et al., 82 N.W.2d 755, 73 A.L.R.2d 680; Hillerege v. City of Scottsbluff, 83 N.W.2d 76; Smith v. Baltimore, 176 Atl. 642 (1935); Fowler v. City, 246 S.W. 638 (1923). In 73 A.L.R.2d 691 it is said: “Virtually all, if not absolutely all, the cases within the scope of the present annotation recognize either expressly or inferentially that government in general, or the appropriate governmental unit under a proper delegation of authority, has the power to promulgate or enforce traffic regulations in the general public interest, even if they interfere to some extent with the
As stated hereinabove, in this case both accesses to; highway 187 remained untouched, but the direct access £i*om highway 26 to the filling station will be eliminated and in its place the two limited accesses mentioned above will remain, one at 142 meters and the other at 515 meters from the garage. It has been held that the inconvenience caused to the tenement abutting on the highway, an inconvenience shared by the general public, is not recoverable whenever for reasons of safety and traffic regulation it is necessary to establish more' limited, long, or inconvenient accesses than those which the adjoining property originally enjoyed. These .longer and limited accesses are the result of the modern roads and of the solutions offered by the civil engineering .for the solution of heavy-traffic problems and to eliminate ■.from' the public highways the source of accidents caused as a result of the frequent intersections and the entrances and exits to adjoining properties. The American authorities have labelled this situation “circuity of travel,” and it is recognized that it is a legitimate exercise of the State’s police power and that it does not constitute the taking of, or prejudice. to, the private property and is not therefore recoverable, Wilson v. Iowa State Highway Commission, 90 N.W.2d 161 (Iowa 1958) ; Carazalla v. Wisconsin, 71 N.W.2d 275 (1955); Brady v. Smith, 79 S.E.2d 851 (W. Va. 1954); Lindley v. Oklahoma Turnpike Authority, 262 P.2d 159 (Okla. 1953); Beckman v. State, 149 P.2d 296, 64 Cal. App.2d 487 (1944); Cavanaugh v. Gerk, supra; Fort Smith v. Van Zandt, supra; People v. Savig, supra; Annot. 100 A.L.R. 491 (1936). In Jones Beach Boulevard, supra, a five-mile I limited access was upheld as necessary under the circum- I stances of that place. I
The Master Plan for Major Thoroughfares of 1947 was' revised by the Board in 1954 in the exercise of its powers, and duties.
Thruway PR-26, as stated before, runs from San Juan to the International Airport, the largest airport of the Island. In 1947 the number of passengers who arrived in and departed from Puerto Rico by that airport was 237,374 ;
Moreover, the zoning regulations and determinations are not contracts; the proper public agencies may modify them whenever it is necessary. Reichelderfer v. Quinn, 287 U.S. 315, 77 L. Ed. 331 (1932); Clifton Hills Realty Co. v. Cincinnati, 21 N.E.2d 993 (1938).
The plaintiff contends that the Planning Board permit officer issued to it a permit of use on December 21, 1955, namely, after the revision of the Master Plan made by the Board. This situation is different from that which we considered in Phi Delta Phi v. Planning Board, 76 P.R.R. 547. In that case the work was not so closely related to the public interest as a thruway in such a congested area as the metropolitan area of San Juan; that case involved a private clubhouse. Moreover, in the case at bar, as distinguished from the problem raised in Phi Delta Phi, the building has not been rendered ineffective and useless, since, as has been said, that filling station continues to enjoy several accesses to the highways of Puerto Rico and the structure is being used by virtue of such permit. See, also, S. B. Garage Corporation et al. v. Murdock, 55 N.Y.S.2d 456, 459 (1945); I RathkopF, The Law of Zoning and Planning 897, 3d ed.-
Regarding the question of whether or not to compensate for the limitations of the abutters’ access to the new thruways or whenever a conventional road is converted into a thru way, a great majority of the authorities favor the norm not to compensate on the ground that it is a justified and necessary exercise of the State’s police power. Undoubtedly, this clear trend of the contemporaneous decisions in practically all jurisdictions is due to the fact that the courts, like the general public, understand that modern living makes the construction of thruways necessary and as pointed out by some at times indispensable. The large urban centers have grown enormously, the main arteries are congested by the
In view of the rule established by the afore-men-tioned authorities and of the foregoing considerations, we conclude that the right of the State, which is also an obligation, to regulate the traffic of motor vehicles and to construct public works for the better flow thereof is a legitimate exercise of the State’s police power. Such police power, which is indispensable to enable the State to do its duty to look after the safety, health, and general welfare, is broad, and the fact that in a particular instance its legitimate exercise makes impossible the most beneficial use of a property does not render it unconstitutional, Goldblatt et al. v. Town of Hempstead, 369 U.S. 590, 592 (1962). The case at bar comes
Lastly, the conflict of interests in these cases is not actually a conflict between the interests of the owner of the tenement and the State, but between the interest bf the owner of the tenement and the community in general which is the user and beneficiary of the public highways.
The judgment rendered in this case by the Superior Court, San Juan Part, on November 21, 1958, will be reversed and the complaint dismissed.
Known in the United States as “gasoline filling stations” or simply “filling stations,” and in Puerto Rico as “gasoline stations” and “garages.”
Master Plan for the Development of Puerto Rico, P.R. Section 2B (2d revision), Thoroughfares for the Metropolitan Area of San Juan, 1954, Government of P. R. Printing Press, pp. 8 and 21.
Act No. 218 of May 12, 1942, 28 L.P.R.A. § 4.
Master Plan (2d revision), Thoroughfares for the Metropolitan Area of San Juan, 1954, cited in footnote 2, p. 5.
The Planning Act of Puerto Rico and the procedures therein provided are very similar to the Planning Act of the City of New York and its procedures. Rafael Picó, Preface to Information Bulletin No. 9 of the Planning Board of P. R., 1954, Government of P. R. Printing Press, p. 4.
Proclamation of the Governor of July 8, 1954, Administrative Bulletin No. 116, La Fortaleza, San Juan; Master Plan (2d revision), etc., cited in footnote 2, p. 7.
Bowie, Limiting Highway Access, 4 Md. L. Rev. 219, 245-46 (1940); Comments in 30 Miss. L. J. 197 (1959).
51 L. Ed. 1182.
Berridge v. Ward, 2 F.&F. 208, 175 Eng. Rep. 1026 (N.P. 1860); Ramuz v. The Southend Local Board, 67 L.T. 169 (1892).
Bacich v. Board of Control, 144 P.2d 818, 23 Cal.2d 343 (1943); People v. Ricciardi, 144 P.2d 799, 23 Cal. 2d 390 (1943).
Three other justices concurred in the dissent of Mr. Justice Holmes. 49 L. Ed. 880.
Labelled in the decisions “land service roads.”
See, Covey, Frontage Roads: To Compensate or Not to Compensate, 56 Nw. -U. L. Rev. 587, 597 (1961); Gibbes, Control of Highway Access, 12 S.C.L.Q. 377, 381 (1960); Freeways and the Rights of Abutting Owners, 3 Stan. L. Rev. 298, 300 (1951); Cunnyngham, The Limited-Access Highway from a Lawyer's Viewpoint, 13 Mo. L. Rev. 19, 31 (1948); Clarke, The Limited-Access Highway, 27 Wash. L. Rev. 111, 116 (1952).
Chissell v. Baltimore, 69 A.2d 53, 193 Md. 535 (1949); Cavanaugh v. Gerk, 280 S.W. 51, 313 Mo. 375 (1926).
Iowa State Highway Commission v. Smith, 82 N.W.2d 755, 248 Iowa 869 (1957); People v. Thompson, 260 P.2d 658 (Cal. Dist. Ct. 1953); People v. Savig, 226 P.2d 702, 101 Cal. App. 2d 890 (1951); Fort Smith v. Van Zandt, 122 S.W.2d 187, 197 Ark. 91 (1938).
Iowa State Highway Commission v. Smith, supra, footnote 15; Jones Beach Blvd. Estate v. Moses, 197 N.E. 313, 100 A.L.R. 487, 268 N.Y. 362 (1935).
Wilbur v. City of Newton, 16 N.E.2d 86, 121 A.L.R. 570, 301 Mass. 97 (1938).
Morris v. City of Salem, 174 P.2d 192, 179 Ore. 666 (1946).
Wolff v. City of Los Angeles, 193 Pac. 862, 863, 49 Cal. App. 400 (1920); City of Stockton v. Marengo, 31 P.2d 467, 137 Cal. App. 760, 764 (1934); Nelson v. State Highway Board, 1 A.2d 689, 118 A.L.R. 915, 110 Vt. 44 (1938); Elks v. Board of Commissioners, 102 S.E. 414, 179 N.C. 241 (1920); Board of Supervisors of Chenango County, 13 N.Y. Supp. 2d 730, 257 App. Div. 1058 (1939); People v. Gianni, 20 P.2d 87, 130 Cal. App. 584 (1933); Quin v. Mississippi State Highway Commission, 11 So.2d 810, 194 Miss. 411 (1943); In re Appointment of Viewers, Johnson, 23 A.2d 880, 344 Pa. 5 (1942).
Cited with approval in Town of Leesburg v. Tavener, 82 S.E.2d 597, 600 (1954); Farris Bowling et al. v. City of Somerset, 333 S.W.2d 769 (1960); Windsor v. Lane Development Co., 158 N.E.2d 391, 394 (1958); City of Miami v. Girtman, 104 So. 2d 62 (1958), and Alexander Co. v. City of Owatonna, 24 N.W.2d 244, 258 (1946).
Socony-Vacuum Oil Co. v. Murdock, 1 N.Y.S.2d 574, 165 Misc. 713 (Sup. Ct. 1937); Barrett v. Union Bridge Co., 243 Pac. 93, 117 Ore. 220 (1926).
People v. Al G. Smith Co., 194 P.2d 750, 86 Cal. App. 2d 308 (4th Dist. 1948); United States v. Welsh, 217 U.S. 333 (1910); Bohm v. Metropolitan Ry., 29 N.E. 802, 129 N.Y. 576 (1892); 29 C.J.S., Eminent Domain 1038, § 167, n. 27 (1941). See, also, 73 A.L.R.2d 659.
Master Plan, etc., cited in footnote 2, pp. 1-17.
Planning- Board, Financial Report to the Governor 85 (1961).
Planning Board, Statistical Yearbook 205 (1959). It is unlikely that the plaintiff has overlooked this datum, since it must have reflected in its gasoline sales in Puerto Rico.
Planning Board, Statistical Yearbook 206 (1959). The municipal-, ities of San Juan, Bayamón, Carolina, Guaynabo, Cataño, and Trujillo Alto were taken in this computation.
The last datum was obtained late in 1961. Official information furnished by the Department of Public Works of P.R., in charge of the registration of motor vehicles in P. R.
Planning Board, Statistical Yearbook 34 (1959).
Puerto Rico Police, Statistical Data, 28 (1961).
Francisco Lizardi, Secretary of Public Works of P.R., Speaeh delivered before the Assembly of the Civic Traffic Safety Crusade, May 29, 1962.
On the necessity of controlled-aceess highways due to modern living conditions, see GottmaN, Megapolis 631, ch. 12 (1961); and Rigotti, Ur-banismo 117 (1960).
Statistical Yearhook 218 (1959).
Puerto Rico Ports Authority, Annual Report 2, 4, and 5 (1961).
In addition to the articles cited in footnotes 7 and 13, see 33 Wis. L. Rev. 567 (1959) ; 109 U. Pa. L. Rev. 120 (1960) ; 18 Wash. & Lee L. Rev. 138 (1961); 11 Baylor L. Rev. 165 (1958); 35 N.D.L. Rev. 77 (1959); I Current Municipal Problems 62 (1959); 3 ibid, at 14 (1961) ; 3 ibid, at 101 (1962), and 33 Oregon L. Rev. 16, 40 (1953), in which it is said: “[/]t is submitted that the public interest in promoting a highway program of access limitation demands a judicious effort to prevent the dissipation of public funds in the acquisition of access rights which would result from any unwarranted extension of the abutting landowner's right of access.”
On the approach to these situations created by great social changes, see Friedman, Law in a Changing Society 80 (1959) — “American legal opinion has moved far from the days when the saerosanctity of private property was the core of its thinking” — and Pound in 46 Minn. L. Rev. 117 (1961).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.