Hall v. State ex rel. Dep't of Transp.Annotate this Case
Landowners owned property abutting former Exit 66 on I-90, a controlled-access highway that passed by an air force base. Part of Landowners' property was taken by condemnation in 1961 for the construction of I-90 and Exit 66. In that condemnation proceeding, the State mitigated the severance damages for the property not taken because of the "special benefit" the remaining property would receive from access that was designated to be provided at Exit 66. However, in 2003, the State removed the Exit 66 interchange to enhance the viability of the air force base. Landowners subsequently filed suit for inverse condemnation based on the closure of Exit 66. The circuit court granted summary judgment for the State, concluding that Landowners never possessed any property right that could have been taken. The Supreme Court reversed, holding that Landowners were entitled to damages for inverse condemnation occasioned by the removal of the designated access. Remanded for a trial on damages.