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“Controlled-Access Highway” Allows the DOT to Control More Than Just the Highway

This article is co-authored by Attorneys Michelle Martin and Sara Beachy. The Wisconsin Supreme Court recently decided Hoffer Properties, LLC v. State of Wisconsin, Department of Transportation, a case involving the elimination of a property’s direct access points to a controlled-access highway.  In Hoffer, the Wisconsin DOT took two actions: (1) eliminated Hoffer’s direct access […]

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Supreme Court Rejects Business’s Loss of Value Claim for Lost Street Access

Highway projects regularly change the access points that properties have to roads, and landowners believe (correctly or incorrectly) the change in the access affects the value of their business or property. Few can argue that access isn’t important to certain types of commercial uses. During construction of highway projects, the Department of Transportation (“DOT”) regularly […]

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Court of Appeals Allows Expert Testimony on Permit Issue and Bars Similar Sale Evidence

The Wisconsin Court of Appeals recently issued a decision permitting a DOT appraiser to testify that a landowner would have been required to obtain a new driveway access permit from the DOT to convert his property to a commercial use. This resulted in a lower value for the subject property. In the same ruling, the […]

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No Compensation for Loss of Direct Access to a Controlled-Access Highway

The Wisconsin Court of Appeals recently held in an unpublished opinion that a property owner was not entitled to compensation when the Department of Transportation (“DOT”) removed its direct access to a controlled-access highway and replaced it with an alternate access. Hoffer Properties, LLC (“Hoffer”), owned property that abutted State Highway 19. The property had […]

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Supreme Court to Decide Compensation for Loss of Road Access

The Wisconsin Supreme Court recently accepted review of a case that will have substantial implications for those businesses that lose street access to due to Department of Transportation (“DOT”) road projects. Specifically, the outcome of this case will help determine the extent that the DOT must compensate a business owner when it removes access to […]