Property — eminent domain — highway access

Listen to this article

Wisconsin Court of Appeals

Civil

Property — eminent domain — highway access

Hoffer Properties, LLC (“Hoffer”) appeals a judgment of the circuit court granting Hoffer’s motion to voluntarily dismiss this condemnation review action after the court entered partial summary judgment in favor of the Department of Transportation. Hoffer argues on appeal that, whenever DOT eliminates a property’s direct access to a controlled-access highway, DOT must pay reasonable compensation to the property owner if a jury determines that the replacement access is not reasonable. Hoffer also argues that DOT lacks authority to deny a driveway permit application made by a property owner abutting a controlled-access highway solely on the basis of the owner’s intended use of the property. For the reasons set forth below, we affirm the judgment of the circuit court. This opinion will not be published.

2012AP2520 Hoffer Properties LLC v. State of Wisconsin, Department of Transportation

Dist IV, Jefferson County, Hue, J., Per Curiam

Attorneys: For Appellant: Southwick, Benjamin, Richland Center; For Respondent: Potts, Abigail, Madison