Defnet Land & Investment Co. v. State Ex Rel. Herman

McFarland, Chief Justice

(specially concurring) :

I concur in the reversal of this case, but upon a different ground from that stated by the majority. I pointed out in my dissent in State ex rel. Herman v. Wilson and Finley, 103 Ariz. 194, 438 P.2d 760, that:

“I feel that now is the time, and this is-the case, to reconsider our past decisions on the question of compensation for impaired access, when applied to the new type of high-speed limited-access highways now being built. The old rules are *392simply not suitable for these super-highways, and the trend of the more recent cases is to so hold. * * * ”

It is just as difficult to make such a determination under the old rules as it is for the Highway Department to try to patch up an old out-moded highway to meet the needs of the traveling public when a new one should be constructed. I am of the opinion that the case should be retried under the principle of law enumerated in my dissent in State ex rel. Herman [Highway Department] v. Wilson and Finley, supra.