02-1384 National Auto Truck Stops, Inc. v. State of Wisconsin, Dept. of Transportation (58315)

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This is so because the State has not taken plaintiff’s right of access because it has not completely removed its right of ingress and egress to Highway 12.

“Here, the State has not taken National Auto’s right of access because it has not completely removed its right of ingress and egress to Highway 12. National Auto still has access to Highway 12 through the frontage road. A frontage road provides reasonable access to and from a landowner’s property. Nor is any diminution of value in land compensable because the State made access to the highway more circuitous. [Citation] Because the State did not take National Auto’s right of access, the trial court properly excluded evidence relating to National Auto’s claim for damages.”

Nor did the trial court err in excluding plaintiff’s evidence valuing the property using the income method because income evidence is never admissible where, as here, there is evidence of comparable sales.

Judgment and order affirmed.

Recommended for publication in the official reports.

Dist III, St. Croix County, Lundell, J., Cane, C.J.

Attorneys:

For Appellant: Bradley J. Gunn, Minneapolis, Minn.; Diane P. Gerth, Minneapolis, Minn.

For Respondent: Pamela Magee, Madison