Johnson Propane, Heating & Cooling, Inc. v. Iowa Department of Transportation
Annotate this CaseThe Iowa Department of Transportation (IDOT) condemned a parcel of Landowner’s property to complete the construction of a highway. The compensation commission awarded Landowner $11,100 for the taking. Landowner filed a petition on appeal, arguing that, as a result of the taking, it could no longer use the remaining property for its business and, therefore, that IDOT’s taking left an uneconomical remnant. Landowner argued that the fair market value of the entire property before the condemnation - and thus the damage for the taking - was $200,000. The district court granted summary judgment for IDOT, concluding that Landowner’s petition was untimely. The Supreme Court affirmed, holding that Landowner’s uneconomical remnant challenge was untimely, and therefore, the district court did not have the authority to consider that claim.
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