State, Commissioner of Transportation v. Elbert
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In this condemnation action, the Supreme Court affirmed the decision of the court of appeals affirming the judgment of the district court rejecting Landowners' theory of damages supporting their claim for severance damages, holding that the lower courts did not err.
The State, acting through the Minnesota Department of Transportation, condemned a portion of Landowners' property for a construction project intended to improve the quality of Highway 61. Court-appointed commissioners awarded Landowners $391,000 in damages, $305,000 of which were severance damages attributable to the presumed loss of access to the property from the abutting highway during construction. Each party appealed the damages award. The court of appeals affirmed. The Supreme Court affirmed, holding (1) Landowners were not entitled to damages for loss of access under a theory that assumes that the taking of a temporary easement for a highway improvement includes the taking of the right of access to abutting property; and (2) Landowners were not entitled to severance damages based on construction-related interferences as an alternative means of compensation.
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